MOHINDER KAUR Vs. KAUR SINGH ALIAS JAGSIR SINGH

JUDGEMENT

(1.) CM No. 8698.C of 2011 This is application for condonation of delay of 212 days in refiling the appeal. Heard.

(2.) IT is contended that the appeal was refiled thrice on account of repeated objections by the Registry. Keeping in view all the circumstances and adopting liberal approach, the application is allowed. Delay of 212 days in refiling the appeal is condoned.

(3.) PLAINTIFF and proforma defendants no. 3 to 6 are daughters of Ganda Singh whereas contesting defendant no. 1 Kaur Singh alias Jagsir Singh is son of Ganda Singh and proforma defendant no. 2 Jangir Kaur is their mother. The dispute relates to inheritance of the suit land on the death of Ganda Singh. The plaintiff claimed 1/7th share in the suit land as one of seven natural legal heirs of Ganda Singh. Defendant no. 1 set up registered Will dated 28.12.1970 executed in his favour by Ganda Singh and therefore, claimed to be exclusive owner in possession of the suit land. Proforma respondents no. 2 to 6 were proceeded exparte. The plaintiff alleged that the aforesaid Will set up by defendant no. 1 is illegal, null and void along with consequential mutation.