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2023 Supreme(P&H) 1456

ARCHANA PURI
Gomti Devi – Appellant
Versus
Balbir Singh – Respondent


Advocates appeared:
For the Parties : Mr. S.S. Sahu, Mr. Ashok Arora

Judgment

Mrs. Archana Puri, J.

Through the present petition under Article 227 of the Constitution of India, the petitioner has assailed the order dated 29.10.2015 (Annexure P-1) passed by learned Civil Judge (Jr. Divn.), whereby, an application filed by the respondent-defendant No.1, to lead secondary evidence, was allowed.

2. The facts, as culled out from the paper-book are that petitioner plaintiff Gomti Devi had filed a suit against defendants-respondents-Balbir Singh and others, for seeking declaration that plaintiff along with proforma defendants, being the legal heirs of Sheo Ram s/o Jetha Ram, are owners with possession in equal shares of the land, as detailed in the head note of the plaint, copy whereof is Annexure P-2, on the ground of inheritance of Sheo Ram and also sought declaration, vis-a-vis, legality and validity of the alleged Will No.7 dated 13.05.1993, obtained by defendants No.1 to 3, who are brothers of the plaintiff and also challenged the mutation No.1744 sanctioned on 02.08.1993, on the basis of the aforesaid Will. Besides the same, also sought issuance of permanent injunction to restrain defendants No.1 to 3 from alienating and transferring the suit land and

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