Mr. L. N. Mittal, J. (Oral): - Plaintiff Davinderjit Kashyap, having failed in both the courts below, has preferred the instant second appeal.

2. Plaintiff and defendant no.1 are brothers, whereas defendant no.3 is their sister, and defendant no.2 is son of defendant no.1. The dispute relates to property left by Balwant Rai – father of plaintiff and defendants no.1 and 3. Plaintiff alleged that the suit property was ancestral coparcenary property in the hands of Balwant Rai and therefore, he was not competent to execute Will dated 30.08.1996 thereof. It was also alleged that the said Will has been forged and fabricated.

3. Defendant no.3 was proceeded ex-parte. On the other hand, defendants no.1 and 2 pleaded that the Will has been duly executed by Balwant Rai. It was denied that the suit property was ancestral coparcenary property. It was pleaded that the suit property was self acquired property of Balwant Rai. Various other pleas were also raised.

4. Learned Additional Civil Judge (Senior Division), Panchkula, vide judgment and decree dated 27.02.2009, dismissed the plaintiff’s suit. First appeal preferred by the plaintiff has been dismissed by learned Additional Distric