KISHAN CHAND Vs. DURGA

JUDGEMENT

(1.) HEARD counsel for the parties. As short question is involved, the appeal is taken up for final disposal forthwith, by consent.

(2.) THIS second appeal takes exception to the judgment and decree passed by the Additional District Judge dated 15th December, 2012 in Civil Appeal No. 62 of 2010.

(3.) THE only other issue, that remained to be examined by the Courts below, was in the context of further relief claimed by the appellants/plaintiffs in the context of Will executed on 9th April, 2003 by Sundru in favour of respondents-defendants No. 1 to 3. Although, specific issue has been framed in this behalf, being issue No.3, the trial Court disposed of that relief on the finding recorded in paragraph 24 that no evidence was produced by the plaintiffs to establish the fact that the Will executed by Sundru dated 9th April, 2003 was null and void or executed in suspicious circumstances, as such. This finding is recorded in the context of Issue No.3 as couched, which cast onus on the plaintiffs to prove that the Will dated 9th April, 2003 was wrong, illegal, null and void.