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2023 Supreme(P&H) 818

GURBIR SINGH
Shri Krishan – Appellant
Versus
Prem Devi – Respondent


Advocates appeared:
Mr. S.K. Verma, Advocate for the petitioner.

GURBIR SINGH, J.

1. Challenge in this revision petition filed under Article 227 of the Constitution of India is to the order dated 18.04.2013 (Annexure P-4), passed by learned Additional Civil Judge (Senior Division), Meham (for brevity – Trial Court) and the order dated 07.05.2015 (Annexure P-6), passed by learned District Judge, Rohtak, whereby application of the petitioner filed under Order 9 Rule 13 CPC has been dismissed by both the aforementioned Courts.

2. The brief facts, as culled out from the paper book, are that petitioner is defendant no.4 before the learned Trial Court. Plaintiff/respondent no.1 filed a suit against defendants no.1 to 4 for declaration with consequential relief of permanent injunction that the Wills dated 05.08.2022, 31.10.2022 and 10.02.2023 and mutation no.8258, sanctioned on the basis of said Wills, are null and void. The case of the plaintiff is that he is co-sharer in the land measuring 39 kanals 10 marlas, as mentioned in the heading of the plaint. The mother of respondent no.1/plaintiff and respondents no.2 and 3 was the owner of the suit land. She died on 11.05.2003. She was incapable of proper hearing. She was not mentally fit. Respondents no.2

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