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2016 Supreme(Raj) 678

ARUN BHANSALI
Ganga Singh – Appellant
Versus
Ram Kanwar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Muktesh Maheshwari

JUDGMENT :

Arun Bhansali, J.

This writ petition has been filed by the petitioner aggrieved against the order dated 4.3.2016 passed by the trial court, whereby the application filed by the respondents under Order 14, Rule 5 CPC has been allowed and three additional issues have been framed.

2. The petitioner filed an application seeking grant of probate of a will dated 11.3.2010. The grant of probate was resisted by the respondents/caveators, who are wife and daughter of the testator. Based on the objection raised by the caveators, the trial court framed certain issues. Where after, an application under Order 14, Rule 5CPC was filed and certain more issues were framed; where after, application under Order 6, Rule 17 CPC was filed seeking amendment in the reply filed by the respondents, which application was allowed.

3. Pursuant thereto, another application under Order 14, Rule 5 CPC was filed, which has been accepted by the trial court by order impugned.

4. Learned counsel for the petitioner submits that the trial court committed error in accepting the application filed by the respondents insofar as the third issue framed by the trial court is concerned, inasmuch as, the same was not base









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