JUDGMENT :

Ajay Mohan Goel, J.

1. By way of this petition filed under Article 227 of the Constitution of India, petitioners/ plaintiffs have assailed order dated 05.12.2018, passed by the Court of learned Civil Judge (Sr. Divn.) Court No. 1, Ghumarwin, District Bilaspur, H.P. in C.M.A. No. 116-6 of 2018 filed by the present petitioners under Sections 62, 70, 276 of the Indian Succession Act read with Order 14, Rule 5 of the Code of Civil Procedure in Civil Suit No. 388-1/16-15, praying for striking off Issue No. 2 framed by the learned Trial Court, which reads as under:-

"Whether the defendant has in the alternative acquired the right and interest in the suit land on the basis of previous will dated 14-02-2013 executed by the deceased Dina Nath, as claimed and the said will is valid, lawful and legally enforceable, if so its effect? OPD"

2. Brief facts necessary for the adjudication of the present petition are that the petitioners herein have filed a suit against respondent No. 1 herein praying for the following reliefs:-

"It is, therefore, respectfully prayed before the Hon'ble Court that the following decree may very kindly be passed in favour of the plaintiffs and against the defenda