RATTAN LAL Vs. TEJ BHAN

JUDGEMENT

(1.) The petitioner has filed a declaratory suit seeking one of the relief that the will dated March 13, 2000 is null and void. While framing the issues, the onus has been shifted upon the petitioner to prove that the above stated will is illegal, null and void. The petitioner thereafter moved an application to reframe the issue, contending that it is for the defendantrespondent to prove that the will dated March 13, 2000 is validly executed document. The said application having been dismissed by the learned Civil Judge (Junior Division) that the petitioner has approached this Court.

(2.) It is a cardinal principle of law that whosoever alleges, has to prove the same. It is the petitioner who has alleged that the will dated March 13, 2000 is illegal, null and void. The onus to prove the same, thus, has been accordingly fixed on the petitioner only.

(3.) No ground to interfere is made out. Dismissed.