GURCHARAN KAUR AND ORS Vs. GURJANT SINGH AND ORS
LAWS(P&H)-2016-12-153
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 06,2016

Gurcharan Kaur And Ors Appellant
VERSUS
Gurjant Singh And Ors Respondents

JUDGEMENT

Raj Mohan Singh, J. - (1.) Petitioners have assailed order dated 20.05.2014 passed by Civil Judge (Junior Division), Bathinda whereby objections filed by the respondents in an application to summon Handwriting and Fingerprints Expert and Namberdar in rebuttal at the instance of the petitioners were accepted and the plaintiffs were not allowed to lead expert evidence and Namberdar in rebuttal.
(2.) Plaintiffs-Petitioners filed a suit for declaration challenging the Will dated 10.08.1995 allegedly executed by Smt. Chand Kaur in favour of defendants No.1 to 3. Joint possession was also claimed as a consequential relief. Defendants No.1 to 3 were also sought to be restrained from alienating the property or creating any encumbrance by means of sale, mortgage, gift and exchange.
(3.) Both the parties led their evidence in affirmative. In rebuttal, plaintiffs sought to lead expert evidence by way of examining Harbax Singh Handwriting and Fingerprints Expert and one Namberdar namely Sukhmander Singh resident of village Pokhra, Tehsil and District Bathinda. At one point of time, requisite amount of Rs.550/- was ordered to be deposited by the trial Court vide order dated 14.03.2014. On objections raised by the defendants, impugned order came to be passed thereby declining the prayer of the plaintiffs to lead evidence in rebuttal.;


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