TUARU AND ANOTHER Vs. HASANU DEVI AND OTHERS

JUDGEMENT

(1.) Defendants No.1 and 2 are the petitioners, who aggrieved by the rejection of their application for amendment of the written statement, have filed the instant petition under Article 227 of the Constitution of India for setting aside the order dated 11.11.2016 passed by the learned Civil Judge (Junior Division) , Chachiot at Gohar, District Mandi, H.P. The parties hereinafter shall be referred to as plaintiffs and defendants.

(2.) The plaintiffs have filed a suit for declaration with respect to the land as described in the plaint on the allegations that the defendants and plaintiffs are the sons and daughters of late Almu and the property being ancestral and inherited from their forefathers Budhu and Dahlu and the defendants and plaintiffs being sons and daughters were entitled to inherit the suit land. It was alleged that the defendants had got fabricated and manipulated the Will dated 05.09.2011 from Almu which had been registered in the Office of Sub Registrar, Sadar, District Mandi, H.P. The Will was the outcome of fraud, misrepresentation, undue influence, fabrication and manipulation.

(3.) Defendants No.1 and 2 filed written statement on 08.05.2013 wherein they denied the allegations made in the plaint qua the manipulation of the Will and infact admitted the execution of the Will.