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2023 Supreme(P&H) 1182

ALKA SARIN
Phool Kumari – Appellant
Versus
Satnarain – Respondent


Advocates appeared:
Mr. Sanjiv Kumar Aggarwal, Advocate for the petitioner.
Mr. I.S. Pabla, Advocate for respondent Nos.1 and 3 to 5.

ALKA SARIN, J.

1. The present revision petition under Article 227 of the Constitution of India has been preferred by the plaintiff-petitioner challenging the order dated 10.08.2018 whereby an application filed by defendant-respondent No.1 on behalf of defendant-respondent Nos.1, 3 to 5 for leading secondary evidence qua Will dated 18.07.1988 (Ex.P/13) has been allowed.

2. The brief facts relevant to the present lis are that the plaintiff-petitioner filed a suit for declaration to the effect that the plaintiff-petitioner and the proforma-defendant/respondent Nos.3 to 5 are joint owners in possession to the extent of 1/12th share each and that defendant-respondent Nos.1 and 2 to the extent of 1/3rd share each in respect of land measuring 171 Kanal 07 Marlas as fully described in the plaint as well as for declaration that Will dated 18.07.1988 (Ex.P/13) and the revenue entries and the mutation (Ex.P/2) made on the basis of the Will are illegal, null and void and not binding on the rights of the plaintiff-petitioner. A written statement was filed on behalf of defendant-respondent Nos.1, 3, 4 and 5 wherein it has been stated that Badlu had executed a Will dated 18.07.1988 (Ex.P/13) in fav

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