Sanjay Karol, J.

This is plaintiffs’ Regular Second Appeal filed under Section 100 of the Code of Civil Procedure. Plaintiffs-appellants Shri Jawahar Singh and Shri Diwan Singh (herein after referred to as the plaintiffs) filed Civil Suit No.71/90, titled Jawahar Singh and another versus Kishan Singh and others, for declaration and injunction as a consequential relief, against defendants-respondents Shri Kishan Singh and others (hereinafter referred to as the defendants, which expression also includes their legal heirs). The same was dismissed by the Court of Sub Judge 1st Class, Court No.2, Mandi, in terms of judgment and decree dated 20th November, 1993. In the plaintiffs’ Civil Appeal No.53 of 1996/94, titled Jawahar Singh and another versus Kishan Singh and others, learned Additional District Judge, Mandi, has affirmed the judgment and decree, in terms of its judgment and decree dated 27th November, 2000.

2. The present appeal stands admitted on the following substantial questions of law:

1. Whether in the facts and circumstances of the case, the learned courts below are right in holding the will to be validly executed ignoring the pleadings as well as the evidence brou