SHIV LAL Vs. SHEO BAI AND OTHERS

JUDGEMENT

(1.) Petitioner has assailed the order dated 11.10.2013, vide which an application under Order 14 Rule 3 and 5 CPC, framing additional issues and for striking out unnecessary issues has been dismissed.

(2.) Defendant No.1 has filed this revision petition with the plea that plaintiffs/ respondents No.1 to 4 filed a suit for declaration to the effect that Will dated 5.9.2008, Rapat Roznamcha No.115 dated 30.11.2008 and mutation No.811 entered and sanctioned on the basis of Will are fake, forged and fabricated documents and have been procured on the basis of collusion with each other at the back of the plaintiffs. They sought joint possession of the land as co-sharers to the extent of 4/8th share and accordingly prayed for permanent injunction.

(3.) Petitioner-defendant No.1 filed his written statement pleading therein that Will dated 5.9.2008 was executed by Mangat Ram after revoking earlier Will dated 6.7.2007. Maintainability of the suit has been questioned. Collusion between plaintiffs, defendant No.2 and 4 has been highlighted in the written statement.