Mr. Amit Rawal J.:- The present revision petition is directed against the order whereby the application moved by the petitioner-defendant under the provisions of Order 14 Rule 5 CPC for framing of the additional issue has been declined by the trial Court.

2. Before adverting to the submissions of the learned counsel representing the respective parties to the lis, it would be apt to give the preface of the matter. As per the pleadings, the plaintiff-Renuka, respondent No.1 herein, was married with Nabheet Kalyan (since deceased) and out of said wedlock, Ananya, a minor daughter was born in the month of June 2007. Unfortunately, her husband-Nabheet Kalyan died in a bizarre incident on 22.4.2008. As per the pleadings in the suit, her husband owned moveable and immovable property and on account of death had left behind the plaintiff and Ananya, impleaded as defendant No.2, as legal heirs. The petitioner-defendant No.1 on the basis of some Will dated 26.03.2008 allegedly executed by Nabheet Kalyan, husband of the plaintiff, moved an application before the Tehsildar for sanctioning of the mutation vis-à-vis his estate stating therein that Nabheet Kalyan had bequeathed his entire