GEETA SINGH Vs. PRABHAVATI DEVI

JUDGEMENT

(1.) Petitioners have challenged the order dated 12.02.2018 passed by learned Civil Judge (Senior Division), Rudrapur, Udham Singh Nagar in Civil Suit No. 81 of 2014 and also the judgment and order dated 10.09.2018 passed by learned IIIrd Additional District Judge, Udham Singh Nagar in Civil Revision No. 20 of 2018.

(2.) Smt. Prabhavati Devi (respondent no.1 herein) filed a Civil Suit seeking a declaration that the Will alleged to have been executed by her husband in favour of defendant no. 1, 2 and 12 be declared as null and void. It was further prayed that the sale deed executed in favour of defendant no. 4 to 8 be declared as null and void. Smt. Prabhavati Devi asserted in her plaint that the alleged Wills are forged and fabricated. It was further stated that the sale-deeds were fraudulently obtained under the pretext of executing a thekanama and no sale consideration was paid for the land. The said suit was registered as Civil Suit No. 81 of 2014 in the Court of Civil Judge (Senior Division, Rudrapur, Udham Singh Nagar.

(3.) Petitioners (defendant nos. 5 and 7 in the suit) raised the question of maintainability of the suit before a Civil Court in their Written Statement. Based on the pleadings, learned trial Court framed 16 issues, out of which, issue nos. 9, 10, 11, 12, 13, 14 and 15 were preliminary issues regarding maintainability of the suit. Learned trial Court decided the preliminary issues vide order dated 12.02.2018 in favour of the plaintiff (respondent no. 1 herein). Petitioners, thereafter, challenged the said order by filing Civil Revision No. 20 of 2018, which was dismissed by learned IIIrd Additional District Judge, Udham Singh Nagar vide judgment and order dated 10.09.2018. Thus, feeling aggrieved, petitioners have approached this Court.