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2024 Supreme(P&H) 263

ANIL KSHETARPAL
Gurmeet Singh – Appellant
Versus
Mohan Singh – Respondent


Advocates appeared:
For the Parties : Mr. Arihant Jain, Mr. Rakesh Gupta

Judgment

Mr. Anil Kshetarpal, J.

The learned First Appellate Court, after allowing the application for permission to lead additional evidence has permitted the plaintiffs to prove the registered Will dated 24th June, 1997 allegedly executed by Sh. Hari Singh, their father has remitted the case back to the trial court for fresh decision, after framing distinct issue with regard to both the Wills. The correctness of the aforesaid order is challenged before this Court. On 11th August 2023, the following order was passed by this Court:-

“Learned counsel representing the appellant inter alia contends that the First Appellate Court has erred in remanding the case back to the trial Court, similarly on allowing the application for permission to lead additional evidence.

Notice be issued to respondent Nos.1 to 3 for 22.08.2023.

Dasti only.

The appellant shall have liberty to serve the respondents through their counsel-Sh. Jugral Kishore Garg, District Court, Sangrur.”

2. Heard the learned counsel representing the parties at length and with their able assistance perused the paperbook.

3. The learned counsel representing the appellants submits that the First Appellate Court has erred in allowing the

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