KISHAN RAM Vs. SH.DILOO RAM

JUDGEMENT

(1.) The appellant and deceased respondent No.2 Durgi Devi (for short Plaintiffs), instituted a suit, seeking therethrough, a, declaration for annulling, the, registered testamentary disposition of deceased testator Bhadru, and, as embodied in Ex. DW-1/A, and, wherethrough he bequeathed his estate, vis-a-vis, the defendant/respondent No.1 herein (for short 'the defendant'), suit whereof became dismissed by the learned Civil Judge (Sr. Division), Kullu, District Kullu, H.P, through, a, verdict made thereon on 20.6.2005, and, also the further decree, of, injunction became declined to them.

(2.) The aggrieved therefrom plaintiffs, cast a challenge thereagainst, by preferring Civil appeal No. 53/05, before the learned District Judge, Kullu, District Kullu, H.P, and, thereon(s), a, verdict affirming and maintaining the afore made verdict by the learned Civil Judge, upon, Civil Suit No. 123 of 2002, became rendered.

(3.) The aggrieved therefrom plaintiffs,constituted there- against the instant Regular second appeal before this Court. When the instant appeal came up for admission before this Court, on 2.3.2006, it came to be admitted on the hereinafter extracted substantial questions of law:-