LAWS(P&H)-2024-5-120

MANOHAR LAL Vs. SAHIL

Decided On May 09, 2024
MANOHAR LAL Appellant
V/S
Sahil Respondents

JUDGEMENT

(1.) Challenge in this revision petition is to order dtd. 13/3/2020 (Annexure P-1) passed by learned Civil Judge (Junior Division), Rohtak in Civil ivil Suit No.121 of 28/1/2016/23/6/2020 titled 'Manohar Lal Vs. Sahil etc', whereby an application filed by petitioner (plaintiff before the learned trial Court) for amendment of the plaint has been dismissed.

(2.) Arguing for the petitioner-plaintiff plaintiff, learned counsel submits that the petitioner filed the above captioned suit suit, challenging the Will dtd. 15/2/2012 allegedly executed by Sh.Shyam Sh.Shyam Dass, father of the petitioner and respondents No.3 to 8 and grand-father father of respondents No.1 and 22, being illegal null ll and void, void and not binding upon his rights and other co-sharers, s, with further relief that petitioner is owner in possession of the suit property to the extent of 148 Sq yards with consequential relief for permanent injunction, restraining respondents No. 1&2 from alienating the suit property, roperty, detailed in the plaint (Annexure P-2).

(3.) Learned counsel next contended that upon notice, respondents No.1 and 2 caused appearance in the suit and filed their written statement and contested the averments of the petitioner petitioner. They set up a Will dtd. 15/2/2012 2.2012 allegedly executed by their father and also mentioned the ddetails etails of the property in their written statement as incorporated in the Will.