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2015 Supreme(P&H) 1711

RAJ MOHAN SINGH
Kuldeep Kaur – Appellant
Versus
Darshan Singh – Respondent


Advocates:
For the Appellants:Mr. Rajinder Goyal, Advocate.
For the Respondents:Mr. Amit Jain, Advocate.

JUDGMENT

Mr. Raj Mohan Singh, J.:- In this appeal, plaintiffs have assailed the judgment dated 30.05.2014 passed by Additional District Judge, Chandigarh vide which appeal has been accepted and the case has been remanded back to the trial Court after setting aside the same with the direction to allow the defendants to lead evidence on issue No.2 on the basis of reframed issue.

2. The original issue No.2 was to the following effect:-

“2. Whether the Will dated 16.10.2002 is illegal, null and void? OPP.”

3. Now after re-casting of the issue No.2, the issue reads as under:-

“Whether Ajit Singh @ Inderjit Singh executed the Will dated 16.10.2002?OPD.”

4. The pleaded case of the plaintiffs is that they filed suit for declaration that the Will dated 16.10.2002 executed by Ajit Singh @ Inderjit Singh is illegal, null and void. Plaintiffs and defendant No.1, 5 and 6 are owners of House Nos.66 and 68, Sector 20-A, Chandigarh to the extent of 1/4th share each. Plaintiffs also sought relief of cancellation of transfer of ownership of House No.68, Sector 20-A, Chandigarh in the name of defendant No.2, besides seeking mandatory/temporary injunction seeking to restrain the defendants No.1 and 2 f



































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