ASHA SRIVASTAVA Vs. ARUN SRIVASTAVA

JUDGEMENT

(1.) IA No.5768/2018 (of the plaintiff under Order XVIII Rule 3 CPC) The senior counsel for the plaintiff and the senior counsel for the defendants no.1 and 3 have been heard.

(2.) In this suit for partition, filed by the plaintiff on the premise of intestacy of the common predecessor (deceased), the defendants no.1 and 3 in their written statement set up a document dated 2 nd February, 2002 as the validly executed last Will of the deceased. The plaintiff, in her replication to the written statement of defendants no.1 and 3, in paragraph 5 of the reply on merits, pleaded illness and medical treatment of the deceased in the year 1999 and again in the year 2007.

(3.) On the aforesaid pleadings of the parties, the following issues were framed on 25th April, 2017: