JASBIR SINGH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dtd. 16/2/2018 passed by the Civil Judge (Jr. Divn.), Dasuya, vide which application filed by the petitioner-plaintiff No.1 and other plaintiffs for comparison of signature of deceased Gurdial Singh on the disputed Will dtd. 13/10/1987 from handwriting expert, was dismissed.

(2.) Brief facts of the case are that petitioner-plaintiff No.1 Jasbir Singh and other plaintiffs filed a suit for declaration that plaintiffs and defendants No.7 and 8 are joint owners in possession to the extent of 1/3rd share and mutation No.1635, sanctioned on the basis of unregistered Will dtd. 13/10/1987 in favour of defendants No.1 to 3 and father of defendants No.4 to 6, is illegal and not binding on rights of the plaintiffs.

(3.) In the written statement filed by defendants No.1 to 3, it is specifically stated in para No.3 that Gurdial Singh executed a legal and valid Will dtd. 13/10/1987 during his lifetime with his sound and disposing mind without any influence from any side and the mutation has been sanctioned on the basis of same in favour of defendants No.1 to 6 rightly and legally. Similar reply was filed by defendants No.4 to 6, however, it is stated that the Will is not in possession of defendants No.4 to 6.