PUSHPA DEVI AMOLI Vs. SAWYAMBAR DUTT AMOLI

JUDGEMENT

(1.) Since the controversy involved in the writ petitions are identical, as such, they are being disposed of together by this common judgement.

(2.) The petitioner before this Court is a plaintiff in a Suit, which was instituted before the Court of Civil Judge (Senior Division), Dehradun as back as on 12th July 2007 being Suit No. 282 of 2007, Smt. Pushpa Devi and another v. Sawyambar Dutt Amoli and another, wherein the plaintiff (petitioner herein) has sought the relief with regard to the declaration of a Will dated 5th January 2004, executed by the late Mr. Manik Lal Amoli, as to be declared as a void and a fraudulent document, as it was not executed in accordance with his intention and wishes of late Mr. Manik Lal Amoli and or the purpose for which he sought it to be executed. The relevant part of the prayer as sought in the Suit in question is quoted hereunder:-

(3.) Before venturing further, it would be relevant to point out that the plaintiff at the time of giving challenge to the said Will of Mr. Manik Lal Amoli, herself has pleaded in the suit being Suit No. 282 of 2007, Smt. Pushpa Devi Amoli and another v. Sh. Swayambar Dutt Amoli and another, with regard to the deed, which is said to have been executed in favour of her by her late husband Mr. Manil Lal Amoli. Based on an evidence which was led by the parties, the suit proceeded and it was ultimately dismissed by the judgement dated 31st May 2014 by the Court of Civil Judge (Senior Division), Dehradun.