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2022 Supreme(HP) 610

SANDEEP SHARMA
Bharti Sharma W/o Late Shri Surrender Kumar – Appellant
Versus
Naresh Kumar S/o Shri Tirath Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajay Sharma, Senior Advocate With Mr. Atharv Sharma, Advocate.
For the Respondent:Mr. Y.P. Sood, Advocate

ORDER :

Instant civil revision petition filed under S.115 CPC lays challenge to order dated 4.8.2022 passed by learned senior sub judge, Court No. 1, Amb, District Una, Himachal Pradesh in Civil Suit No. 118-112-I-XVI(Annexure P-3), whereby an application having been fled by the respondents/defendants (hereinafter, ‘defendants’) under S. 65 of the Indian Evidence Act read with S.151 CPC, seeking therein permission to prove Will dated 29.5.2014, by leading secondary evidence, came to be allowed.

2. Precisely, the facts of the case as emerge from the record are that the petitioners/plaintiffs (hereinafter, ‘plaintiffs’) filed a suit for declaration that they are owner-in-possession qua share of deceased Surender Kumar in the property described in the plaint. Aforesaid plea came to be made on the basis that the suit property is joint Hindu family co-parcenery ancestral property and alleged Will executed by late Surender Kumar is bad in law. Aforesaid suit filed by the plaintiffs came to be opposed on behalf of the defendants on the ground that they are owner-in-possession of the suit land on the basis of Will dated 29.5.2014, executed by late Surender Kumar in their favour. Defendants s

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