KAMALJIT KAUR ALIAS Vs. MANINDER SINGH

JUDGEMENT

(1.) Cm APPL. 5759/2021

(2.) Learned counsel for the appellant states that the learned Single Judge had erred in exercising her power under Order XII Rule 6, CPC. He submits that the impugned order was passed on the assumption that Sardarni Harbans Kaur had died intestate. He emphasises that the Single Judge ought to have taken into consideration that the division of the property was to take place as the property left behind by late Sardar Jagmohan Singh, who is the brother of the Appellant and not as the property of late Sardarni Harbans Kaur and in such an event, no legal right arises in favour of the respondent/plaintiff.

(3.) He submits that the learned Single Judge erred in treating the nonproduction of the original will as an admission by the appellant of the non-existence of the registered will. He points out that the photocopy of the will was duly placed on record which was ignored by the learned Single Judge.