Revision against dismissal of a defendant's application to lead additional evidence proving an unregistered Will after additional issues were framed in a declaration suit challenging sale deeds, mutations and a Will. The court held no additional issue concerned the Will and dismissed the petition.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
121 CR-7514-2024 (O&M) Date of Decision: 20.12.2024
SMT. USHA DEVI AND ANR .... Petitioners VERSUS GOMATI @ GOMTI AND ORS .... Respondents
CORAM : HON’BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Varun Goyal, Advocate and
Mr. Rahul Prashar, Advocate for the petitioners.
ALKA SARIN, J. (ORAL)
‘Suit for declaration to this effect that the plaintiff is owner in joint possession over the property bearing Plot No.51 situated at Sadhu Singh Colony, Village Kingra, Tehsil & District Jalandhar, out of which 3 Marlas measuring 18 Ft. x 56 Ft. 6 Inch bounded as:-
East: Road
West: Road
North: Plot No.50
Ankur Goyal 2024.12.21 12:46 I attest to the accuracy and integrity of this document
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South: Remaining portion of plot No.51.
shown as red in the site plan attached bearing Hadbast No.301, Khewat Khatauni No.409/445, 410/446, Khasra No.787/2, 788, 819/1, 819/4, 820/1, 820/4, 822/1, 822/4, 823/2, 825/1, 1487/826/2, 790/1, 791/1, 820/3 and one house bearing No.45, Ward No.6, Naya Gaon, District Shatarpur, Madhya Pradesh.
AND
The alleged sale deed executed by defendant No.1 in favour of defendant No.5 dated 18.07.2016 is null and void inoperative without consideration and not binding upon the rights of the plaintiff and is liable to be set aside along with the mutation sanctioned on the strength of the above said sale deed.
AND
The mutation of inheritance sanctioned in favour of defendant No.1 of inheritance Chikori Ram deceased is null and void inoperative on the back of the plaintiff and for declaration that the alleged Will alleged to be executed by Chikori Ram deceased in favour of defendant No.1.
AND
For permanent injunction restraining the defendants from selling, alienating and creating charge over the property.
AND
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Suit for declaration that the alleged sale deed alleged to be executed by defendant No.1 in favour of defendant No.6 is null and void, inoperative without completion and is not binding upon the rights of the plaintiff and the mutation sanctioned in favour of the plaintiff is liable to be set aside.’
Yet again vide order dated 06.07.2022 certain additional issues were framed,
which are as under :
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After the conclusion of the evidence, an application was filed by plaintiffrespondent No.1 for framing of additional issues. Reply was filed to the said application and the following additional issues were framed vide order dated 21.10.2024 :
‘1-A Whether the plaintiff is entitled to declaration that plaintiff is owner in joint possession of the suit property ? OPP
1-B Whether the plaintiff is entitled to declaration that sale deed executed by defendant No.1 in favour of defendant No.5 dated 18.07.2016 is null and void and further the mutation sanctioned on the basis of above said sale deed is liable to be set aside ? OPP
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1-C Whether the plaintiff is entitled to declaration that
mutation of inheritance sanctioned in favour of defendant No.1 and Chikori Ram is null and void and declaration that Will executed by Chikori Ram in favour of defendant No.1 ? OPP
1-D Whether the plaintiff is entitled to declaration that sale deed executed by defendant No.1 in favour of defendant No.6 is null and void and mutation sanctioned on the basis of abovesaid is liable to be set aside ? OPP’
Defendants No.5 and 6 (petitioners herein) filed an application for leading additional evidence. The additional evidence sought was to prove the unregistered Will executed by Chikori Ram dated 04.10.2024. Reply was filed to the said application. Vide the impugned order, the said application was dismissed. Hence, the present revision petition.
Kaur & Ors. [2018 (5) RCR (Civil) 779] and Rattan Bala V/s Kiran Bala & Ors. [2011 (5) RCR (Civil) 631] to contend that once additional issues are framed, additional evidence should be permitted.
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present application, defendants No.5 and 6 (petitioners herein) wanted to fill up the lacunae in their case which cannot be permitted in law. A perusal of the additional issues framed reveals that there is no additional issue which has been framed regarding the Will. That being so defendants No.5 and 6 (petitioners herein) cannot be permitted to lead additional evidence qua the Will.
20.12.2024 (ALKA SARIN) Aman Jain JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: Yes/No
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2 issues framed by the court
Whether defendants No.5 and 6 could be permitted to lead additional evidence to prove an unregistered Will after framing of additional issues in the suit.
Whether the trial court rightly dismissed the application for additional evidence filed by defendants No.5 and 6.
Colour shows how this judgement treated each authority
Budh Singh V/s Mohinder Kaur & Ors.Distinguished¶7
2018 (5) RCR (Civil) 779
Rattan Bala V/s Kiran Bala & Ors.Distinguished¶7
2011 (5) RCR (Civil) 631
2 provisions across 2 enactments
Smt. Usha Devi
Anr. (second petitioner)
Gomati @ Gomti
Ors. (other respondents)
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
