Civil Revision No. 1755 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1755 of 2009 Date of decision 29.5.2009. Jaspal Singh ...... Petitioner. versus Gurdev Kaur and another. ...... Respondents. Present : Mr. Aman Bansal, Advocate for the petitioner. Mr. Chanchal K.Singla, Advocate for the respondent. L.N.MITTAL,J.(Oral) This is revision petition by defendant No.1 assailing order dated 21.3.2009 (Annexure P-3) passed by learned Civil Judge, (Junior Division), Dhuri whereby application moved by the petitioner for framing additional issue has been allowed but the petitioner has been denied opportunity to lead evidence on the additional issue so framed. At the time of motion hearing on 5.5.2009, learned counsel for the petitioner stated that one opportunity may be granted to the petitioner to lead evidence on the additional issue regarding the Will at his own responsibility on payment of costs. Issues (Annexure P-1) were framed in the suit but there was no specific issue regarding Will executed by Maghar Civil Revision No. 1755 of 2009 2 Singh deceased in favour of defendant No.1 although pleaded by him. The said specific issue has now been framed by way of impugned order. However, opportunity to lead evidence on the said issue has been denied to the petitioner. It is correct that the petitioner had himself pleaded the execution of Will in his favour and was, therefore, aware of the evidence to be led by him regarding Will. However, it is pleaded that in the absence of specific issue, complete evidence regarding Will was not led earlier. Keeping in view the aforesaid, I am of the opinion that ends of justice would be met if one opportunity is granted to the petitioner to lead evidence on additional issue No.3A framed by the trial Court by way of impugned order at his own responsibility on payment of costs. The revision petition is accordingly disposed of by directing that the trial Court shall grant one opportunity to the petitioner to lead his evidence regarding Will at his own responsibility subject to payment of Rs.5,000/- as cost precedent. ( L.N.MITTAL ) JUDGE May 29, 2009 sv