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2021 Supreme(HP) 868

SANDEEP SHARMA
Prem Chand – Appellant
Versus
Krishan Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :V.S. Chauhan, Senior Advocate and Harish Sharma, Advocate
For the Respondents:Sudhir Thakur, Senior Advocate and Karun Negi, Advocate

JUDGMENT :

Sandeep Sharma, J.

1. 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,

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