GHULAM RASOOL Vs. MOHD SADIQ

JUDGEMENT

(1.) THIS revision has been filed for setting aside the order passed by the learned Munsiff Thana Mandi dated 28th of jan. 2005 in a civil suit titled Mohd. Sadiq v. Ghulam Rasool, vide which the preliminary issue framed by the learned Munsiff 'whether the suit is maintainable or not' has been decided in favour of the respondent.

(2.) THE respondents filed a suit for declaration that the Will dated 22nd of March 1974 executed by one Nazam Din S/o Alkah din, R/o Doda, Tehsil Thana Mandi, in favour of defendant-petitioner herein is inoperative, null and void on the rights of respondents being forged one with consequential relief for permanent injunction restraining the petitioner from using this Will as valid.

(3.) ON notice, the petitioner appeared before the learned trial Court and filed written statement in which he pleaded that the respondents had already filed a civil suit challenging the Will in question on 4th of aug. 1992 before the Court of learned District Judge, Rajouri, which was transferred to the Court of learned Sub Judge, Rajouri. In the said suit, a compromise between the parties was effected. The respondent in the said suit had conceded the clalm of the petitioners. Respondents No. 5 and 6, though were not the plalntiffs in the earlier suit but they were signatories to the compromise. Hence, the said suit was dismissed. It was thus prayed before the learned trial Court that the suit be dismissed being not maintainable.