HARI HAR DUTT LAL Vs. WARIS ALI

JUDGEMENT

(1.) Heard learned Counsel for both the parties on Civil Misc. Application No. 57233 of 2011. Application for additional evidence under Order XLI, Rule 27, C.P.C. has been moved on the ground that Smt. Jaipali who had died issueless, had executed a registered Will dated 19.11.1959 in favour of Shiv Kumar therefore, Harihar Dutt Lal the executor of alleged agreement to sell had no right regarding the property in dispute. The certified copy of the alleged Will dated 13.11.1959 has been filed alongwith the application.

(2.) Learned Counsel for the appellants has further submitted that he shall not adduce any additional oral evidence.

(3.) The application has been opposed by learned Counsel for the respondents on the ground that it is a concocted story and no reason has been shown as to why the alleged Will was not produced during proceedings before the Lower Courts.