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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU
Vinod @ Vinod Kumar – Appellant
Versus
Vijay Singh @ Vijay Pal Singh – Respondent
JUDGMENT :
MANDEEP PANNU, J.
1. The present Civil Revision Petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for setting aside the order dated 26.11.2025 passed by the learned Civil Judge (Junior Division), Pataudi, whereby the application moved by the petitioner– plaintiff for framing of an additional issue with regard to the Will dated 16.08.1978 propounded by defendants No.1 to 4 has been dismissed.
2. The petitioner–plaintiff has filed a suit for declaration with consequential relief of permanent injunction claiming ownership over the suit property on the basis of natural inheritance from Shanti Devi. In the written statement filed by defendants No.1 to 4, a specific plea has been taken that Shanti Devi had executed a Will dated 16.08.1978 in favour of her brothers, namely the defendants, and on the strength of the said Will the claim of natural succession set up by the plaintiff has been denied. The execution, validity and effect of the said Will have been specifically pleaded and relied upon by the defendants as a complete answer to the plaintiff’s claim of inheritance.
3. Issues were framed by the trial Court, including Issue No.1
Important Point :Framing additional issues post-evidence completion is impermissible if the principal issue can be proved, deeming such applications as afterthoughts.
Defendants claiming title via Will must prove it as per law; plaintiff's production application premature.
The validity of a registered Will and the remedy of establishing title through a civil suit when seeking mutation on the basis of a Will.
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