BABU RAM Vs. RAJBIR

JUDGEMENT

(1.) THIS is plaintiffs' revision petition challenging the impugned order 07.01.2010, whereby his application for placing onus of issue No.2 on the contesting defendant/respondent No.1, was dismissed.

(2.) AS per the averments, petitioners along with proforma respondents filed a suit for declaration along with permanent injunction qua the suit property. In the suit, petitioners/plaintiffs were claiming their right to the property left by Smt.Kamlesh wd/o Rakha, who died on 14.06.2000, in their favour.

(3.) THE plaintiffs moved an application praying that the onus to prove the aforesaid issue be placed upon respondent No.1 on the ground that onus to prove the Will is always on the propounder of the Will. However, trial Court dismissed the aforesaid application vide impugned order. Challenging the aforesaid order, learned counsel for the petitioners has vehemently argued that the whole approach of the learned trial Court by passing the impugned order was illegal and perverse as it has failed to consider the well settled principles of law applicable thereto in its proper perspective.