The principle of finality in the examination of witnesses and the prohibition of leading evidence inconsistent with pleadings.

Rajiv Sahai Endlaw, J.

1. The petitioner seeks probate of the registered Will dated 15th May, 1994 of his father Shri Joginder Singh Bhatia. Under the said Will the petitioner is the only beneficiary. The four brothers and one sister of the petitioner have been impleaded as the respondents/close relatives. Objections have been filed by each of the four brothers of the petitioner. The sister of the petitioner has filed Testamentary Case No. 42/1995 with respect to a Will dated 15th November, 1994 of the said Shri Joginder Singh Bhatia, as executor appointed under the said Will.

.2. The Will dated 15th May, 1994, subject matter of this petition, is purported to be witnessed by Shri Ravinder Pal Singh and Shri Yoginder Singh Bhatia. The present petition has been verified, besides by the petitioner, by Shri Yoginder Singh Bhatia as one of the attesting witness to the Will. The petition was also accompanied by the affidavits of both Shri Ravinder Pal Singh and Shri Yoginder Singh Bhatia affirming that the Will dated 15th May, 1994 was executed by Shri Joginder Singh Bhatia in their presence and that they had also signed the said Will as attesting witnesses in the presence of Shri Joginder Singh Bhatia and in the presence of each other.

3. For the purposes of the disposal of these applications, it is also necessary to state that in the objections filed by each of the brothers of the petitioner, it is, inter alia, the case that the Will dated 15th May, 1994 of which probate is sought by the petitioner is not the last Will of Shri Joginder Singh Bhatia; that the Will dated 15th May. 1994 has been revoked and cancelled by Shri Joginder Singh Bhatia by making his last Will dated 15th November, 1994 of which probate has been sought in Testamentary Case No. 42/1995.

.4. The Will dated 15th November, 1994 set up by the objectors and subject matter of testamentary case No. 42/1995, inter alia, states as under:

.I, Joginder Singh Bhatia, s/o Shri Ladha Singh, r/o E-28, Rajouri Garden, New Delhi do hereby make this my last Will and testament on this 15th day of November, 1994, and hereby revoke all Wills and Codicils and other testamentary dispositions made by me hereto fore and specifically revoke my previous Wills dated 12.09.1980, 26.07.1987 and particularly Will dated 15.05.1994 which I executed as I had no choice being under the influence of my youngest son Jatinder Singh and his wife Smt Satinder Kaur with whom I have been staying and declared this present Will to be my last Will. It will take effect after my death.

5. It is further the case in the objections that Shri Joginder Singh Bhatia had been prevailed upon, under undue influence and pressure to execute the Will dated 15th May, 1994; that the attesting witnesses to the Will dated 15th May, 1994 were procured by the petitioner to advance his design and were not independent witnesses and the said witnesses did not sign at the instance of late Shri Joginder Singh Bhatia. The respondent No. 5 who has moved the applications under adjudication has in his objections also stated that Shri Joginder Singh Bhatia was under the influence of the petitioner and the petitioner taking advantage of the old age of Shri Joginder Singh Bhatia got the Will dated 15th May, 1994 executed by exercising undue influence and pressure on him; that the petitioner took prominent part in the execution of the Will; that Shri Joginder Singh Bhatia put his signatures on the Will dated 15th May, 1994 not of his own free will but under the undue influence of the petitioner; that the witnesses to the Will dated 15th May, 1994 are not independent witnesses and are very near relation of the petitioner.

6. Notwithstanding the aforesaid state of pleadings, while framing consolidated issues in the present case and in testamentary case No. 42/1995 on 15th July, 1999 issue No. 1 was framed as under:

7. The petitioner examined the attesting witness Shri Ravinder Pal Singh as PW1 on 29th October, 2001 and the said w