Civil Revision No. 7304 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7304 of 2011 Date of decision:- 28.11.2011 Darshan Singh ...Petitioner Versus Shromani Gurudwara Parbandhak Committee and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Ashish Chopra, Sr. Advocate with Ms. Shilpa Malhotra, Advocate for the petitioner. RITU BAHRI J.(Oral) Inter alia contends that on 21.3.2011 additional issues were framed on the application filed by the defendant-petitioner. The onus to prove all these issues was on the defendant i.e. to prove the execution of the Will dated 22.11.1976. A affidavit (Ex.DW6/A) of Gurmeet Singh has been tendered in his examination-in-chief on 13.10.2011. Thereafter, he did not appear for cross-examination. An application (Annexure P-4) was moved for seeking his presence as per law. On 19.11.2011 evidence of the defendant was closed. The daughter of other attesting witness Hardial Singh had also appeared on 18.11.2011 but she could not be examined. The evidence of the defendant was closed by observing that the suit relates to the Civil Revision No. 7304 of 2011 -2- year 2003 and defendant cannot be allowed to delay the trial proceedings. After going through the case file, it transpires that the issues framed on 21.3.2011 and the petitioner-defendant has not misused the process of the Court as the additional issues were framed on 21.3.2011 and the onus to prove these issues was on the defendant. The civil revision is disposed of and the order dated 19.11.2011 is set aside and one opportunity is granted to the petitioner-defendant to conclude his evidence. Application (Annexure P-4) be decided by the trial Court in accordance with law. If the respondents have any objection to this order, they are at liberty to approach before this Court. Copy of the order be given under the signature of the Court Secretary of this Bench. November 28, 2011 ( RITU BAHRI ) Vijay Asija JUDGE