MANOJ KUMAR Vs. JOGINDER KUMAR

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioners/plaintiffs have assailed order dated 05.12.2018, passed by the Court of learned Civil Judge (Sr. Divn.), Court No. 1, Ghumarwin, District Bilaspur, H.P. in C.M.A. No. 116-6 of 2018 filed by the present petitioners under Sections 62, 70, 276 of the Indian Succession Act read with Order 14, Rule 5 of the Code of Civil Procedure in Civil Suit No. 388-1/16-15, praying for striking off Issue No. 2 framed by the learned Trial Court, which reads as under:-

(2.) Brief facts necessary for the adjudication of the present petition are that the petitioners herein have filed a suit against respondent No. 1 herein praying for the following reliefs:-

(3.) In para 4 of the plaint, petitioners took the following stand:-