AKHAR ALI Vs. FATIMA BIBI

JUDGEMENT

(1.) HEARD the learned counsel for both parties. Defendant is the petitioner, whose daughter as plaintiff had filed the suit claiming right, title and interest based upon a will dated 5.11.1987 said to have been executed by the defendants mother Idan Bibi in favour of the plaintiff. Idan Bibi admittedly expired. The writ petitioners/defendants in their written statement challenged the execution of the said will which was the fulcrum of the suit claim.

(2.) A device by the defendants to agitate the said will was to contend that the testator died on 5.6.1984 long back the date of the will which is 5.11.1987. This is a matter of evidence which may not require amendment of pleadings. Aggrieved by the dismissal of the amendment petition regarding date and death, this writ petition has been filed by the defendants.

(3.) THEREFORE , even without the amendment sought for by the defendants both parties in the suit should be made free to lead their evidence on the facts surrounding the pleadings. When once the execution of the will was denied by the defendants then it should be made open to him to set forth certain facts as mentioned above in prove of his case. Similarly, the plaintiff also is free to convey the facts during evidence regarding the possibility of execution of the will or the actuality of the same.