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2003 Supreme(HP) 39

I.M.R.VERMA
SOMA DEVI – Appellant
Versus
GUIN DEVI – Respondent


Advocates Appeared:
Mr. R. K. Bawa, Sr. Advocate with Mr. Sudip Singh for Petitioner; Mr. Romesh Verma, for Respondents.

ORDER

1. This revision petition under Section 115 of the Code of Civil Procedure (hereafter referred to as the Code) is directed against the order dated 31-8-2001 passed by the learned sub Judge, Anni whereby an application of the petitioner/defendant (hereafter referred to as the defendant) under Order 11 Rule 12, Order 18 Rules 17, 17A of the Code and Section 73 of the Indian Evidence Act in Civil Suit No. 32 of 2000 has been dismissed.

2. Brief facts leading to the presentation of this revision petition are that the respondents/plaintiffs (hereafter referred to as the plaintiffs) have instituted a suit for declaration that the Will dated 31-12-1997 executed by late Paras Ram in their favour is legal and valid and they are entitled to inherit the estate of the said deceased and the order of the Sub Registrar, Anni rejecting the Will is illegal and without jurisdiction and the defendant has no right to succeed to the estate of the deceased. The suit was contested by the defendant denying the execution and validity of the said Will and claimed to be entitled to have succeeded to the estate of the deceased on the basis of the Will dated 24-11-1997. The evidence of the parties in the s














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