DHARAM SINGH Vs. PARMA RAM AND OTHERS

JUDGEMENT

(1.) The plaintiff/petitioner has instituted a suit, before the learned trial Court concerned, seeking therein a declaratory decree, for setting aside the testamentary disposition, executed by deceased testator one Swaru Ram, vis-à-vis, the defendants, also therein, he has sought a declaratory decree, for the apt mutation(s), as attested in consonance therewith, being also quashed and set aside.

(2.) The apt paragraph-3 of the plaint, as, extracted hereinafter:

(3.) The trial, upon, the afore apposite issue(s) has not, yet commenced. The learned counsel for the plaintiff, before his proceeding, to adduce thereon the plaintiffs' evidence, rather preferred an application, cast under provisions of Sec. 151 CPC, wherein he espoused relief, for, eliciting the apt excerpts, appertaining to the suit land, from, the settlement records, since 1868, and, lasting upto date (i) and also, averred in the application, qua the summoning, of, afore excerpts, being essential for hence enabling the Court to rest apt findings, on, the issue appertaining to the suit property, bearing or not bearing, the traits and characteristics, of its, being construable or not construable, to be ancestral coparcenery property. However, the learned trial Judge, under, the impugned order, declined the afore espoused relief to the plaintiff/applicant, (ii) on the ground that with no issue appertaining, to the espoused relief, hence standing framed, thereupon, there being no necessity, of, any permission, being granted to the plaintiff/applicant. The plaintiff is aggrieved therefrom, hence has made a motion before this Court.