Raj Mohan Singh, J. - (1.) CM Nos. 21557-CII of 2016 Prayer made in this application is for bringing on record the legal representatives of deceased petitioner No.1-Raghbir, who died on 17.07.2016. For the reasons mentioned in the application, the same is allowed. Legal representatives of deceased petitioner No.1- Raghbir as shown in para No.2 of the application are ordered to be brought on record, subject to all just exceptions. Amended memorandum of parties is taken on record. Main case Petitioners have challenged the order dated 31.03.2015 (Annexure P-5) passed by the Additional Civil Judge, Panipat vide which the application for additional evidence filed by the petitioners was dismissed.
(2.) Brief facts as gathered from the record are that the petitioners filed a suit for declaration and possession with consequential relief of permanent injunction challenging the sale deed of the year 1964 executed by their predecessor namely Giani Ram in favour of the respondent. It was alleged that Giani Ram and Chandgi purchased the suit property in the year 1957. Thereafter defendant Nos.1 to 5 allegedly got the sale deed executed by allegedly impersonating Giani Ram vide registered sale deed No. 2273 dated 10.11.1964.
(3.) It was further alleged that the aforesaid sale deed did not bear the thumb impressions of the Giani Ram. The sale of the year 1964 came to be challenged by way of present suit in the year 2009. In the written statement filed by defendant Nos.1 to 5, suit was contested on numerous grounds including the limitation, maintainability, insufficiency of court fee, non-joinder of necessary parties and locus of the plaintiffs. Registered sale deed was executed in favour of Giani Ram and Chandgi vide which they have purchased 71 Bighas of land vide registered sale deed dated 14.12.1957.;