LAWS(HPH)-2014-5-23

SOM NATH Vs. RAM PAL

Decided On May 23, 2014
SOM NATH Appellant
V/S
Ram Pal and Others Respondents

JUDGEMENT

(1.) THIS petition is directed against the order dated 4.3.2014 passed by the Civil Judge (Senior Division), Court No. 1, Amb, District Una in case No. 136 -1/08.

(2.) PERTINENT facts necessary for the adjudication of this petition are that plaintiffs -respondents (hereinafter referred to as the "plaintiffs" for convenience sake) have filed a suit for declaration that they and proforma respondents proforma defendants are joint owners in possession of the property in dispute on the basis of Hindu Succession Act and the "will" dated 26.6.2008 executed by deceased Chanchala Devi in favour of the petitioner -defendant (hereinafter referred to as the "defendant" for convenience sake) is result of fraud, misrepresentation and undue influence.

(3.) THE suit was filed in the year 2008. Defendant has considerably delayed the adjudication of the matter. There is neither any illegality nor any perversity in the order dated 4.3.2014 whereby defendant's evidence has been closed and the matter was fixed for arguments on 11.4.2014.