IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Order:08.05.2025 Resham Lal and others .Appellants Versus Kewal Krishan and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Malkeet Singh, Advocate for the appellants.

Mr. Munish Goel, Advocate for respondent no.1 ANIL KSHETARPAL, JUDGE (Oral)

1. The defendants assail the correctness of the First Appellate Court's order remitting the matter back to the trial court for fresh decision.

2. In fact, the First Appellate Court in the first round remitted the matter back to the trial court on 05.04.2016. Thereafter, the trial court dismissed the plaintiff's suit but the First Appellate Court has again remitted the matter back to the trial court.

3. The plaintiff filed the suit for grant of decree of declaration that he is entitled to 1/5^th share of the property left behind by Des Raj on the basis of registered Will dated 13.12.1996 and further for declaration that the Will dated 14.12.2003 is fabricated and not executed by Des Raj.

4. The defendants contested the suit. The suit qua defendant no.6 was dismissed under Order IX Rule 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC