DHIAN NATH KAPUR Vs. PRAN NATH KAPUR

JUDGEMENT

(1.) On 14.09.2017 this Court inter alia passed the following order:-

(2.) Admittedly per Will dated 15.05.1965 both the brothers were entitled to equal share in sale proceeds in the event of sale of the subject property.

(3.) The defendants though moved a Review Petition No.471/2017 alleging factual and other errors in order dated 14.09.2017 and though some clerical errors were corrected, but since there was no error apparent on the face of record, the petition was dismissed vide order dated 08.01.2018. However, the order dated 08.01.2018 stipulate a) the effect of specific condition in the subject Will and b) the effect of an undated letter Ex.P3 shall only be considered at the time of grant of the final decree of partition; hence these arguments for final decree.