MOHD. AQIL Vs. MOHD. ZAHID

JUDGEMENT

(1.) The order impugned dtd. 4/1/2022 in this petition, preferred under Article 227 of the Constitution of India, reads thus:

(2.) All that the impugned order states, is that the issue of genuineness and validity of the Will dtd. 15/1/2003 allegedly executed by Late Shri Mohd. Ashqueen would be decided after the evidence is led in the matter.

(3.) This is entirely a matter of discretion of the learned Trial Court. To a query from the Bench, as to whether there is any mandate, in law, requiring the learned Trial Court necessarily to decide the aforesaid issue as a preliminary issue without leading evidence, learned Counsel for the petitioners answers in the negative; however, he submits that the issue was one which could have been decided as a preliminary issue without leading evidence and that, therefore, the learned ADJ erroneously felt that the matter would require leading of evidence.