ASHOK BAURY Vs. STATE

JUDGEMENT

(1.) Finding this application, though titled as under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (CPC), to in effect seeking review of my order dated 25th November, 2019, the Roster Bench has directed this application to be placed before me.

(2.) Vide order dated 25th November, 2019, inter alia issues were framed in the Test. Cas.11/2018, with issue no.(ii) being "Whether the deceased Bhagwanti Devi, on 5th May, 1983, was not of sound disposing state of mind and thus the document even if executed by her, is not her Will? OP (Relatives 10,11&12)" and the contention of the senior counsel for the Relation no.10 Arun Sood that the onus of the said issue should be on the petitioner, was rejected reasoning that it is for the person disputing the soundness of mind to establish the same, with the petitioner having a right of rebuttal; else, the presumption is, of soundness of mind of a living person.

(3.) The Relation no.10 Arun Sood has filed this application pleading that