GOPAL KRISHAN Vs. DAULAT RAM

JUDGEMENT

(1.) Impugned in this appeal is the judgment and order of the Punjab and Haryana High Court in RSA No. 1935 of 2015 dtd. 26/3/2018 whereby it has been held that the Will, subject matter of controversy, allegedly of one Sanjhi Ram, had not been proved, thereby finding that the Lower Appellate Court [Civil Appeal No. 27 of 2011, judgment dtd. 5/9/2014 delivered by The Court of Additional District Judge (Adhoc), Fast Track Court, Gurdaspur] had erred in holding otherwise. The said Lower Appellate Court had set aside the decree of the Civil Court [Civil Suit No. 282 of 2006, judgment dtd. 24/2/2011 delivered by Civil Judge, Senior Division, Gurdaspur] which had found that the Will and the subsequent mutation of the properties enumerated therein was bad in law, as the Will was "illegal", "null" and "void". The question that falls for our consideration is-

(2.) Facts, shorn of unnecessary details, as they appear from the record are as follows: -

(3.) The Trial Court framed seven issues primarily pertaining to, (a) validity of the Will subject matter of the present lis; (b) whether the plaintiffs are estopped by their act and conduct from filing the suit; and (c) whether the plaintiffs have the locus standi to file the suit and whether the same is maintainable, within limitation and filed with sufficient court fees, being affixed thereto.