GIAN CHAND Vs. OM PARKASH

JUDGEMENT

(1.) This Regular Second Appeal, under the provisions of Sec. 100 of the Code of Civil Procedure, filed by the defendant, stands admitted on the following substantial questions of law: - -

(2.) Whether a prayer not made in the plaint can be granted particularly when it is held that the plaintiff is not in possession of any portion of the land in suit -

(3.) On the basis of registered Will dated 25.8.1976 (Ex. D -1), executed by Paras Ram in favour of Gian Chand, entries of mutation stood effected in the revenue record. The efficacy of the Will and such entry of revenue came to be assailed, by way of a civil suit so filed by Om Parkash, claiming ownership on the basis of subsequent unregistered Will dated 5.2.1989 (Ex. PW2/A), executed in his favour by Paras Ram.