MUNGA AND OTHERS Vs. JHARMA RAM AND OTHERS

JUDGEMENT

(1.) Challenge in this revision petition under Article 227 of the Constitution of India is the order dated 5.1.2012 (Annexure P-7) passed by Civil Judge (Junior Division), Panchkula, whereby the application filed by the plaintiff-respondents under order 14 Rule 5 CPC for reframing issue No.2, has been accepted.

(2.) Briefly stated, the plaintiff-respondents filed a suit for declaration and possession challenging the will allegedly executed on 6.12.2002 by Ishro Devi. The case of the plaintiffs is that Ishro Devi widow of Puran son of Udai Ram died intestate on 6.12.2002 and plaintiffs No. 1 to 4 being the sons of Kauri, sister of the husband of deceased Ishro Devi and plaintiff No. 5 being son of Nandi another sister of husband of Ishro Devi, are entitled to share held by Ishro Devi.

(3.) That suit was resisted. During the pendency of the suit, the plaintiffs filed an application under Order 14 Rule 5 CPC for framing the correct issue, in which it is mentioned that issue No. 2 has been framed as under