RAMESH KUMAR Vs. NARESH KUMAR

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. 9/2006, without there being any specific question formulated/framed for adjudication.

(2.) The facts of the case appear to be that the plaintiff, Ramesh Kumar and defendant, Naresh Kumar, are real brothers. Their father, Duni Chand, testator, executed a Will, dated 27.5.2005, Ext.PW3/A in favour of both his sons, however, on 8.11.2005, he executed another Will, Ext.DW1/A by revoking the earlier will by giving certain additional properties to the defendant. Even though, the plaintiff was not deprived absolutely of the properties, however, he filed a suit before the learned trial court, which was dismissed vide judgment and decree dated 10.12.2014 by concluding that the subsequent will, Ext.DW1/A, was legally executed by Duni Chand, testator. Aggrieved by the judgment and decree dated 10.12.2014, the plaintiff filed an appeal before the learned first appellate court, who allowed the same vide judgment and decree dated 13.10.2015 and remanded the case to the learned trial court with a direction to implead all natural heirs of Duni Chand, 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.