SURESH Vs. HARI DUTT

JUDGEMENT

(1.) For the reasons stated in the application, the same is allowed. The delay of 24 days in filing the present revision petition is condoned.

(2.) Present revision petition has been filed challenging the order dtd. 20/5/2023 passed by the Additional Civil Judge (Senior Division), Kaithal whereby the application filed by the petitioners for leading additional evidence has been dismissed.

(3.) The brief facts relevant to the present lis are that the plaintiff respondent No.1 herein filed a suit for declaration and possession. In the written statement, defendant Nos.1 to 6 i.e. petitioners and proforma respondent No.2 herein set up a Will dtd. 28/4/2014 alleged to have been executed by Smt. Bharpai in favour of defendant Nos.1 to 6 (petitioners and proforma respondent No.2 herein). An issue qua the same being issue No.4 was framed, the onus of which was cast upon defendant Nos.1 to 6 (petitioners and proforma respondent No.2 herein). Issue No.4 reads as under : "4. Whether Smt. Bharpai executed Will dtd. 28/4/2014 in favour of defendants No.1 to 6 in sound disposing state of mind ? OPD 1 to 6"