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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET KAUR JEEWAN
Kesar Singh (Deceased) Through Lrs. – Appellant
Versus
Harjeet Singh – Respondent
JUDGMENT :
Harpreet Kaur Jeewan, J. (Oral)
The petitioner-defendant No.1 has filed the present Civil Revision under Article 227 of the Constitution of India, for setting aside the order dated 19.08.2025 (Annexure P-1), passed by the trial Court, directing the petitioner to lead evidence before the evidence is led by respondent Nos.1 to 4-plaintiffs.
2. As per the facts on record, respondent Nos.1 to 4-plaintiffs filed a Civil Suit (Annexure P-2) against the petitioner-defendant No.1 and other respondents-defendant Nos.2 to 5, seeking a declaration that they are joint owners of the suit property by pleading that the impugned Will alleged to have been executed by Karam Singh in favour of the petitioner/defendant No.1 is illegal. The plaintiffs had filed said Civil Suit claiming the relief of declaration of ownership on the basis of inheritance, whereas, the petitioner-defendant No.1 had taken a plea that he has inherited the suit property on the basis of a testament and set-up the Will alleged to have been executed by Karam Singh in his favour.
2.2. Initially, the suit was contested by the petitioner-defendant No.1. The issues were framed by the trial Court vide order dated 21.12.2021 (A
The propounder of a Will is required to prove the Will and furnish explanation for suspicious circumstances, with the primary onus on the defendant.
The central legal point established in the judgment is the mandatory requirement of proving the execution of a Will through an attesting witness as per Section 68 of the Indian Evidence Act, 1872, an....
The First Appellate Court erred by remanding the case without reversing the Trial Court's critical findings on the validity of the Will, which should have been proven by the beneficiaries.
The court confirmed the necessity of legally proving a Will's execution, highlighting that a certified copy cannot replace the original unless statutory conditions for secondary evidence are met.
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