JUDGMENT :

Instant Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, lays challenge to judgment dated 22.12.2018, passed by learned Additional District Judge-1, Solan, District Solan, H.P., in Civil Appeal No.12-S/13 of 2018, affirming the order dated 15.01.2018, passed by learned Civil Judge (Junior Division) Kasauli, District Solan, H.P in an application under Order 7 Rule 11 CPC in Civil Suit No.24-1 of 2016, titled as Prem Chand vs. Krishan Lal and others, having been filed by the respondents (hereinafter referred to as the defendants), whereby, suit for declaration filed by the plaintiff-appellant to declare that Will, dated 15.11.2010 registered in the Office Sub Registrar, Krishangarh, Solan vide No.26/2010 and mutation No.201 entered on the basis of aforesaid Will in favour of the defendants are null and void and for grant of decree for permanent prohibitory injunction, came to be dismissed being barred by law.

2. Briefly stated facts as emerge from the record are that the appellant-plaintiff (hereinafter referred to as the plaintiff) filed suit in the Court of learned Civil Judge (Junior Division) Kasauli, District Solan, H.P., seeking therein declaration that Will dated 15.11.2010 executed by Smt. Julfi Devi, bequeathing her property in favour of the defendants is null and void and mutation No.201 entered on the basis of aforesaid Will in favour of the defendants, is also null and void. Besides above, plaintiff also prayed for decree of permanent prohibitory injunction, restraining the defendants from interfering in the peaceful possession of the plaintiff over the suit property.

3. Precisely, the case of the plaintiff as projected in the plaint was that no Will ever came to be executed by deceased Smt. Julfi Devi in favour of the defendants and as such, he is also entitled to equal share with defendant No.1 and father of defendants No.2 and 3 except defendant No.4 in the entire estate left by Smt. Julfi Devi and for permanent prohibitory injunction, restraining the defendants from interfering in the peaceful possession. Plaintiff claimed that Smt. Julfi Devi widow of late Sh. Sheesh Ram was owner in possession of the land in village Lagog, Sub Tehsil Krishangarh, District Solan, H.P., and over that property she has also constructed house. Smt. Julfi Devi died issueless on 28.02.2016 and after her demise plaintiff, defendant No.1 and father of defendants No.2 and 3 being legal heirs have inherited her property as co-sharers. Plaintiff claimed that Sh. Piru Ram was the common ancestor of the parties and as per the pedigree table of the parties, Smt. Julfi Devi with their predecessor, also became owner of the suit property to the extent of 1/4th share in the abadi as detailed in the jamabandi after the death of her husband Sh. Sheesh Ram. Plaintiff claimed that Smt. Julfi Devi being old and weak was being looked after by him and at the time of her death, she was not in fit state of mind. Plaintiff claimed that after the death of Smt. Julfi Devi, he came to know that on the basis of Will dated 15.11.2010 mutation has been entered in the name of defendants showing them to be owner of the suit property qua the share of Smt. Julfi Devi. Plaintiff claimed that defendants in connivance with the revenue officials prepared false and fabricated Will in their favour and got the mutation sanctioned on the basis of said Will, which was never executed by Smt. Julfi Devi in their favour. Since, despite repeated requests defendants failed to admit the claim of the plaintiff, he is compelled to file the suit.

4. Aforesaid claim put forth by the plaintiff came to be resisted on behalf of the defendants, who by way of filing written statement took specific objection with regard to maintainability, locus-standi, cause of action and estoppel. On merits, defendants though admitted that Smt. Julfi Devi died issueless, but denied that she had never executed any Will in favour of the defendants. Defendants in their wri