VINOD Vs. VIJAY SINGH

JUDGEMENT

(1.) The present Civil Revision Petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for setting aside the order dtd. 26/11/2025 passed by the learned Civil Judge (Junior Division), Pataudi, whereby the application moved by the petitioner-plaintiff for framing of an additional issue with regard to the Will dtd. 16/8/1978 propounded by defendants No.1 to 4 has been dismissed.

(2.) The petitioner-plaintiff has filed a suit for declaration with consequential relief of permanent injunction claiming ownership over the suit property on the basis of natural inheritance from Shanti Devi. In the written statement filed by defendants No.1 to 4, a specific plea has been taken that Shanti Devi had executed a Will dtd. 16/8/1978 in favour of her brothers, namely the defendants, and on the strength of the said Will the claim of natural succession set up by the plaintiff has been denied. The execution, validity and effect of the said Will have been specifically pleaded and relied upon by the defendants as a complete answer to the plaintiff's claim of inheritance.

(3.) Issues were framed by the trial Court, including Issue No.1 as to whether the plaintiff is entitled to the declaration as prayed for. However, no specific issue was framed with regard to the Will dtd. 16/8/1978 propounded by defendants No.1 to 4. After the parties led their evidence and the suit reached the stage of rebuttal evidence, the plaintiff moved an application seeking framing of an additional issue regarding the validity and effect of the Will relied upon by the defendants. The said application has been dismissed by the trial Court primarily on the reasoning that since it is the defendants who are propounding the Will, it was for them to seek framing of such an issue and that the plaintiff has no right to ask for framing of an issue on the basis of the Will set up by the defendants.