ANIL KSHETARPAL
Satwant Singh – Appellant
Versus
Amar Kaur And Others – Respondent
JUDGMENT
Anil Kshetarpal, J. - Arguments were heard. Judgment was reserved. The judgment is being released.
2. By this judgment, RSA Nos.3501 and 5131 of 2003 shall stand disposed of. Parties would be referred to by their name so as to avoid any error.
3. In the considered view of this Court, the following substantial questions of law arise for consideration:-
1) Whether a Will which is registered is required to be superseded only by a registered Will/document?
2) Whether a decree passed by the Court against a minor defendant is liable to be set aside on the ground that the trial Court failed to appoint a Court guardian even in a situation where the minor is represented by natural guardian and there is no material before the Court that his interest was not properly defended?
4. Dispute in the present case is with respect to the estate of late Sh. Ram Singh who died on 14.09.1995. At the time of death, he left behind a widow, a daughter Amar Kaur (plaintiff No.1) and five grand children from a pre-deceased daughter Nasib Kaur as Class I heirs. Pedigree table is extracted as under:-
5. Plaintiff-Amar Kaur and three grandsons of Ram Singh from predeceased daughter Nasib Kaur filed a su
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