RAMZAN ALI Vs. RIZWAN ALI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 21/12/2022 passed by Additional Civil Judge No.2, Pali, whereby, the petitioners were not permitted to put "X" mark on the thumb impression of the executor of the Will.

(3.) Briefly noted facts in the present case are that the petitioners instituted a suit for permanent, mandatory injunction and declaration before the Additional Civil Judge No.2, Pali on the basis of a Will executed in favour of the petitioner No.1. In the trial Court, the Will executed in favour of the petitioner No.1 was exhibited as Ex.1. In the Will, the thumb impression is purported to have been made by the grandmother of the petitioner No.1. After the Will was exhibited as Ex.1, the petitioner No.1 wanted the thumb impression to be marked as "X". He submitted that the same was affixed by his grand-mother in his presence. The learned trial Court on the submissions made by the petitioners refused to mark the thumb impression as "X" vide its order dtd. 21/12/2022. Hence, the present writ petition has been filed by the petitioners.