his favour. Plain(cid:15)ff further sought declara(cid:15)on that alleged Will dated 23.05.2006 purported to be executed by Late Jus(cid:15)ce M.R. Sharma be declared as null and void, as the same is a forged and fabricated document and not binding on him. Plain(cid:15)ff also prayed for a decree of permanent injunc(cid:15)on to restrain the defendants from crea(cid:15)ng any charge/lien in any manner and not to alienate or transfer the suit property to defendant No.6 or to anybody else. Decree for permanent injunc(cid:15)on is also sought to restrain the defendants from interfering in his possession & occupa(cid:15)on of the house in dispute.

2.3 It is alleged by the plain(cid:15)ff that a-er the death of Late Jus(cid:15)ce M.R. Sharma, defendants Nos.1 to 5 in connivance with each other have got transferred the disputed house in equal shares including the name of the plain(cid:15)ff on the basis of forged and fabricated Will dated 23.05.2006. This fact was never disclosed to the plain(cid:15)ff, as he is suffering from acute throat cancer since 2009 and is ge3ng his regular treatment and living on strong medicines. It was alleged that defendant Nos.1 to 5 in connivance with Smt. Anjana Sharma, sister of the plain(cid:15)ff, on whom plain(cid:15)ff was reposing faith, with malafide inten(cid:15)on and to grab the en(cid:15)re house had obtained the signatures of the plain(cid:15)ff on certain blank papers, when he was under influence of heavy dosages. It was alleged further that defendants had converted those blank papers into an alleged agreement to sell in favour of defendant No.6, about which plain(cid:15)ff came to know, when some of the amount was deposited in his account by Anjana Sharma in connivance with the alleged buyer – defendant No.6. It is averred that he came to know about all these facts, when the third party, i.e. respondent No.6 – Rajinder Mi9al visited the house, started threatening the plain(cid:15)ff along with the defendants to get the said house vacated, claiming that he had purchased the same from defendants. It was claimed by the plain(cid:15)ff that the cause of ac(cid:15)on had arisen in his favour, when he recently came to know about the transfer of the house in favour of defendants and himself on the basis of forged and fabricated Will and further when agreement to sell was executed with defendant No.6 by defendant Nos.1 to 5 without his consent and knowledge and when defendants refused to admit the contents of the Will/last Wish dated 13.05.2006 in favour of the plain(cid:15)ff and further to get the house vacated forcibly and illegally from him.

3.1 By moving an applica(cid:15)on under Order VII Rule 11 (d) CPC read with Sec(cid:15)on 151 CPC (Annexure P-6), defendants sought rejec(cid:15)on of the plaint. According to them, Will dated 23.05.2006 was duly registered with Sub Registrar, U.T., Chandigarh in the presence of two eminent personali(cid:15)es, who were the a9es(cid:15)ng witnesses to the Will and had served as Judges in the State of Haryana and Punjab and that the said Will was duly acted upon, inasmuch as the suit property was transferred in the name of the plain(cid:15)ff and applicants/defendant Nos.1 to 5 by way of transfer le9er dated 11.10.2021 issued by the Estate Officer.

3.2 It was alleged that plaint had been cleverly dra-ed to overcome the bar of limita(cid:15)on. Plain(cid:15)ff was well aware of the execu(cid:15)on of the Will by Late Jus(cid:15)ce M.R. Sharma in 2018 itself, inasmuch as in a prayer mee(cid:15)ng of Jus(cid:15)ce M.R. Sharma held at Arya Samaj Mandir, Sector -7, Chandigarh, scheduled on 15.01.2018, one of the witnesses of the Will had publically announced about the Will executed by Jus(cid:15)ce M.R. Sharma and on 19.01.2018 in the presence of all the legal heirs including the plain(cid:15)ff, said witness had narrated the contents of the Will, as to how and amongst whom the property shall devolve. It was submi9ed further that suit having being filed a-er mo