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High Court of Punjab and HaryanaCR/1707/2023dismissed

Om Parkash Th Lrs v. Raj Kumar Th Lrs And ORS

2024-05-09Mr. Justice Anil Kshetarpal1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-1707-2023(O&M) Date of decision : 09.05.2024 Om Prakash through LRs

...Petitioner

Vs.

Raj Kumar through LRs and others

...Respondents

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Vikram Singh, Advocate and Mr. Abhinav Sood, Advocate for the petitioner.

Mr. Tushar Gautam, Advocate for the respondents.

*** ANIL KSHETARPAL , J.

(Oral) 1.

In this revision petition, the plaintiff assails the correctness of interlocutory order passed by the trial Court on 10.03.2023, while refusing to send the Will for forensic examination to compare the thumb impression of the husband of the testator. This application was filed in rebuttal evidence. 2.

Upon realizing that the scope of rebuttal evidence is limited in view of the two different Division Bench judgments in 'Surjit Singh and others vs. Jagtar Singh and others' 2007 (1) RCR (Civil) 537 and 'Jagdev Singh and others vs. Darshan Singh and others' 2007 (1) RCR (Civil) 794, the learned counsel representing the petitioner prays for permission to withdraw the revision petition in order to file an appropriate application before the trial Court.

3.

Dismissed as withdrawn.

(ANIL KSHETARPAL) 09.05.2024 JUDGE neeraj Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No