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2016 Supreme(P&H) 3031

DARSHAN SINGH
KRISHNA KANWAR – Appellant
Versus
SATYA PAL SINGH CHAUHAN (SINCE DECEASED) THROUGH HIS LRS – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Harkesh Manuja, Advocate
For the Respondent:K.P. Singh, Advocate, Deepak Sharma, Advocate

JUDGMENT :

Darshan Singh, J.

The present revision petition has been preferred against the order dated 31.08.2015 passed by the learned Additional Civil Judge (Senior Division), Naraingarh, whereby the application moved by the petitioner-plaintiffs for framing additional issue with respect to the Will has been dismissed.

2. Learned counsel for the petitioners contended that the respondent-defendants have propounded the Will dated 03.11.1979 allegedly executed by deceased Agar Singh in their favour. But, the learned trial Court has not framed any issue with respect to the valid execution of the Will. He contended that the learned trial Court should have framed the specific issue with respect to the validity of the Will as per the pleadings.

3. On the other hand, learned counsel for the respondents contended that the application has been moved when the case was fixed at the stage of arguments. The plaintiffs were aware of the pleadings with respect to the Will. In fact, they have challenged the Will. The parties have also led their respective evidence. Thus, they contended that the controversy between the parties can be effectively decided under the already framed issues. To support their











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