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2017 Supreme(Del) 1580

GITA MITTAL, PRATHIBA M.SINGH
RAVINANDANI – Appellant
Versus
RAJA PREM SINGH – Respondent


ADVOCATES APPEARED:
FOR THE APPELLANTS : MR. ROHAN THAWANI AND MR. ANAND, ADVS.

JUDGMENT :

GITA MITTAL, J.

CM No.18973/2017 (Exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

CM No.18971/2017 (Delay)

1. We have heard ld. counsel for the parties on this application.

2. We are satisfied that the appellants have adequately explained the circumstances in which the delay of 11 days in filing this appeal has occasioned. The delay of 11 days in filing the appeal is condoned.

3. The application is disposed of.

FAO(OS) 157/2017

1. The appellant assails the order dated 10th March, 2017 where by the ld. Single Judge has rejected I.A.No.3067/2017 filed by the appellants herein (defendants no.1 and 2 in the suit) which was filed under order XIV rule 5 of the Code of Civil Procedure. The appellants had prayed that issue no.3 framed by the ld. Single Judge on the pleadings of the parties by the order dated 11th June, 2017 be modified to the extent that the onus regarding proof of the Will placed therein be corrected and the onus to disprove the same be placed on the plaintiff.

2. We may note that by the impugned order dated 10th March, 2017, the
































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