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Punjab-Haryana High Court

Bachitar Singh Son Of Jaggar Singh @ ... vs Sukhdev Singh Son Of Shri Jaggar Singh @ ... on 27 May, 2013

Author: K. Kannan

Bench: K. Kannan

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                        Civil Revision No.3301 of 2013 (O&M)
                        Date of decision: 27.05.2013

Bachitar Singh son of Jaggar Singh @ Ujjagar Singh son of Tirath
Singh, resident of Phul, Tehsil Phul, District Bathinda.
                                                      ...Petitioner

                              versus


Sukhdev Singh son of Shri Jaggar Singh @ Ujjagar Singh son of
Tirath Singh, resident of Phul, Tehsil Phul, District Bathinda, and
others.
                                                    ....Respondents

CORAM: HON'BLE MR. JUSTICE K. KANNAN
                    ----

Present:     Mr. J.K. Singla, Advocate,
             for the petitioner.
                                 ----

K.Kannan, J. (Oral)

The revision petition is at the instance of the plaintiff who sought for a prayer that an alleged partition said to have been brought through an instrument is not valid and that he was not a signatory to the same. The petitioner is aggrieved that the defendant who holds custody of the document is not producing the same. It ought to be a point in his favour that the document which the defendants seek to rely on to oust the petitioner's contentions are not in a position to produce the document. The petitioner cannot treat himself to be aggrieved by non-production of the document. The petitioner is entitled to seek for drawing an adverse inference on the non-production of the document which is assailed in the revision. The revision petition is dismissed.

(K.KANNAN) JUDGE 27.05.2013 sanjeev