BANT SINGH Vs. LAKHBIR SINGH

JUDGEMENT

(1.) THE appellant filed a suit for declaration that he was co-owner of the suit premises and that decree dated 18.10.1996, Ex. D-7 in favour of defendant Lakhbir Singh etc. at the instance of Dharam Singh, who was brother of the plaintiff and uncle of the defendants and who died issueless, was void.

(2.) THE defendants contested the suit by virtue of decree, Ex. D-7 in their favour. Plea of Will dated 10.5.1990 Ex. D-1 was also taken.

(3.) ON appeal, decree of the trial Court was upheld (under Issue No. 8) but even on the validity of the Will was set aside on the ground that the necessary parties who were sisters of the deceased, had not been impleaded. Hence this appeal.