KRISHNA KANWAR Vs. SATYA PAL SINGH CHAUHAN

JUDGEMENT

(1.) The present revision petition has been preferred against the order dated 31.08.2015 passed by the learned Additional Civil Judge (Senior Division), Naraingarh, whereby the application moved by the petitioner-plaintiffs for framing additional issue with respect to the Will has been dismissed.

(2.) Learned counsel for the petitioners contended that the respondent-defendants have propounded the Will dated 03.11.1979 allegedly executed by deceased Agar Singh in their favour. But, the learned trial Court has not framed any issue with respect to the valid execution of the Will. He contended that the learned trial Court should have framed the specific issue with respect to the validity of the Will as per the pleadings.

(3.) On the other hand, learned counsel for the respondents contended that the application has been moved when the case was fixed at the stage of arguments. The plaintiffs were aware of the pleadings with respect to the Will. In fact, they have challenged the Will. The parties have also led their respective evidence. Thus, they contended that the controversy between the parties can be effectively decided under the already framed issues. To support their contentions, they relied upon cases Dera Baba Budh Ram and others Vs. Mahabir Singh 2014(1) PLJ 239 , Smt. Kamla and another Vs. Bhoop Singh and another 2010(5) R.C.R (Civil) 674 , Surinder Singh Vs. Kuldeep Singh and others 2015(8) R.C.R (Civil) 107 and Tika and others Vs. Ram Chander and others 2003(3) R.C.R (Civil) 541 . They further contended that as the plaintiffs-petitioners have not claimed for framing of this issue at the relevant time, it will be deemed they have waved their right for framing this issue. They further contended that various applications moved by the petitioners were dismissed by the Court. The present application has also been moved only to prolong the proceedings of the case, which has already become old and is pending for the last about five years.