SANTVEER SINGH Vs. ADDITIONAL CIVIL JUDGE HANUMANGARH

JUDGEMENT

(1.) This Special Appeal is directed against the order dated 10-12-2003 passed by the learned single Judge. The learned single Judge has dismissed the writ petition with liberty to the petitioner to assail the correctness, legality, or propriety of the impugned order, if necessity so arises, by raising appropriate ground in appeal, and in tire event of any such ground is raised, that objection will be decided by the court objectively and independently on its own merits.

(2.) Brief facts as mentioned in the writ petition are as follows : The plaintiff-respondent No.2 filed a suit against the defendant - petitioner on 28-3-2001 for declaration to the effect that Will dated 24-8-1989 said to have been executed by late Hardayal Singh in favour of the petitioner has been got executed by the defendant petitioner by practicing deception and fraud with the executant and hence is an illegal document which was void and had no effect on the rights of the plaintiff - respondent in relation to the property which was the subject matter of Will and the petitioner gets no legal rights on the basis of the same in relation to the property of late Hardayal Singh. The plaintiff has also claimed the consequential relief of perpetual injunction against the defendant - petitioner to the effect that he be restrained from transferring or in any way alienating the property in question on the basis of the said Will.

(3.) The appellant - petitioner appeared before the trial Court and submitted his written statement and denied the averments made by the plaintiff in his plaint. The appellant - petitioner has also raised certain legal objections regarding Court fee and jurisdiction. The trial Court framed issues on 23-11-2001. Thereafter, the evidence of the plaintiff was recorded and was closed on 6-5-2003.