SUKH DEV Vs. GEETA DEVI

JUDGEMENT

(1.) This judgment shall dispose of the reference made by the learned Senior Civil Judge, Court No.1, Sarkaghat, District Mandi, H.P. in Civil Suit No. 167/2004, without there being any specific question formulated/framed for adjudication.

(2.) The facts of the case appear to be that one Jindi Devi, wife of Sant Ram (since deceased) inherited the suit land from her father Gangu Ram in Villages Rehari and Ghori, Illaqua Hatli, the then Tehsil Sarkaghat (now Baldwara), District Mandi. She was having three sons and one daughter, namely, Sukh Dev, Khazana Ram, Sunder Ram and Vidya Devi, who were living with her in Village Ajmerpur, Tehsil Ghumarwin, District Bilaspur, H.P. The suit land, which was inherited by her from her father, was bequeathed by her to one Son Sukh Dev vide registered will dated 24.3.2001, Ext.PW2/A. However, she thereafter executed another will, dated 13.5.2002, Ext.DW3/A in favour of Geeta Devi, who was wife of another son Sunder Ram. Sukh Dev challenged the subsequent will, Ext.DW3/A by filing a suit, which was dismissed by the learned trial court vide judgment and decree dated 9.10.2012. However, aggrieved by the judgment and decree dated 9.10.2012, the plaintiff Sukh Dev filed an appeal before the learned first appellate court, who allowed the same vide judgment and decree dated 19.2.2016 and remanded the case to the learned trial court with a direction to implead all legal heirs of Jindi Devi, testator and thereafter, hold the trial de novo after taking written statement(s) or defence of these legal heirs. It is in this background, the present reference petition has been made by the learned trial court by observing as under:-

(3.) section 113 of the Code of Civil Procedure (in short, "CPC") empowers a Court to stay a case and refer the same for opinion of the High Court subject to the conditions and limitations prescribed and in the event such a reference is made, the High Court is empowered to make such order as it deems fit.