SONIA AND ANOTHER Vs. ANGREJ KAUR AND OTHERS

JUDGEMENT

(1.) Through this petition under Article 227 of the Constitution of India challenge has been laid to order dated 19.05.2017 (Annexure P-5) of the trial Court, whereby application of respondents-defendant to prove 'will' dated 09.03.1986 allegedly executed by Ram Asra during his lifetime, by way of secondary evidence, was allowed.

(2.) In nutshell, petitioners filed a suit to declare them owner in possession of the suit property, detailed in the headnote of the plaint, being natural heirs of Ram Asra, against the respondents, pleading that 'will' dated 09.03.1986, allegedly executed by their father deceased Ram Asra was a forged and fictitious document. Therefore, mutation No.3295 on the basis thereof and further execution of registered sale deed No.6361 dated 002009 by respondent No.1 in faovur of respondents No.2 to 6 were liable to be declared illegal, null and void, having no binding effect on them.

(3.) Upon notice, respondents contested the suit. During trial, 1 of 3 respondents moved application for proving 'will' dated 09.01986, allegedly executed by Ram Asra, by way of secondary evidence, taking the plea that its original was produced at the time of sanction of the mutation and subsequently it lost.