M.M. Singh Bedi, J.:-

1. This order will dispose of second appeal against order dated January 29, 2011 setting aside the judgment and decree passed against the appellant by trial Court on January 29, 2010 and remanding back the case to the trial Court with a direction to decide the suit afresh after complying with provisions of Order 16 Rule 10 CPC regarding examination of attesting witness of the Will i.e. Mann Singh.

2. Brief facts which are relevant for the decision of the present case are that the plaintiff-petitioner had filed a suit for declaration and permanent injunction claiming that she was in cultivating possession as co-sharer in the suit land mentioned in the heading of the plaint and that the Will dated June 3, 1993 allegedly executed by her father-in-law Mahinder Singh in favour of defendant-respondent, her brother-in-law and mutation on the basis of said Will were illegal, null and void and liable to be cancelled. She has also sought injunction against the defendant-respondent. Husband of the plaintiff-appellant pre-deceased, her father-in-law Mahinder Singh in whose estate she claimed a legal right. The trial Court examined the validity of the Will dated June 3, 1993

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