Paramjit Singh and Another vs Palo alias Pal Kaur alias Jaspal Kaur and Others

Rakesh Kumar Garg, J.—This is Plaintiffs'' revision petition challenging the order dated 18.1.2010 Annexure P-4 whereby request of the Petitioners, to declare the witness hostile and further to cross-examine him, has been rejected.

As per the undisputed facts, PW-6 Sarup Singh, who is a marginal witness of the alleged Will dated 20.4.1977, in his examination-in-chief has denied his thumb impression on the said Will and has also stated that no Will was ever executed by Jaimal Singh, the executant, in his presence.

The request of the Petitioners to declare the aforesaid witness as hostile was declined by the Court on the ground that no case was made out before the Court that witness was deposing falsely, as no material was available on the record of the Court at that stage to point out that the aforesaid Sarup Singh has affixed his thumb impression on the Will.

Keeping in view the aforesaid circumstances, the trial Court refused to exercise its discretion u/s 154 of the Evidence Act to declare the aforesaid witness as hostile witness.

Admittedly the Petitioners have already moved an application to allow them to prove the thumb impression of the witness Sarup Singh by way of producing the expert witness. In this view of the matter, when the Appellants have already moved an application for proving the aforesaid facts, the present petition has no merit.

There is no error of jurisdiction in the aforesaid conclusion of the trial Court to warrant interference by this Court under Article 227 of the Constitution of India.

Dismissed