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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gurshaminder Singh – Appellant
Versus
Jagtar Singh – Respondent
| Table of Content |
|---|
| 1. revision petition filed challenging lower court orders (Para 1 , 2) |
| 2. arguments and factual basis regarding the will (Para 3 , 4) |
| 3. plaintiffs' claims and opponents' responses (Para 5 , 6 , 7) |
| 4. trial court’s analysis and dismissal of requests (Para 8 , 9 , 10) |
| 5. consideration of evidence regarding the will's validity (Para 12 , 13 , 14) |
| 6. judicial restraint and applicability of article 227 (Para 15 , 16) |
| 7. conclusion of dismissal and impact on future proceedings (Para 17 , 18) |
JUDGMENT :
VIKAS BAHL, J.
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 08.09.2022 (Annexure P-13) passed by the Civil Judge (Junior Division), Bathinda in Civil Suit bearing No.CS-1550-2021 titled as “Gurshaminder Singh and another Vs. Jagtar Singh and others”, whereby an application filed by the petitioners/plaintiffs under Order 39 Rules 1 and 2 read with Section 151 CPC had been dismissed. Challenge is also to the order dated 29.01.2025 (Annexure P-15) passed by the First Appellate Court, Bathinda whereby the appeal preferred by the petitioners against the order dated 08.09.2022 had also been dismissed.
2. Learned S
The registered Will prevails over any unregistered will; courts evaluate the prima facie case, balance of convenience, and irreparable loss in injunction applications.
The trial court possesses the authority under the procedural code to frame or amend issues at any stage before the final decree to ensure all matters in controversy are adjudicated. The supervisory j....
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
Belated production of original document central to dispute allowed post-evidence if relevant to real controversy, to serve justice in family Will dispute, subject to costs and limited proof opportuni....
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