SUDESH Vs. AMAR PAL SINGH

JUDGEMENT

(1.) THIS first appeal under Section 96 CPC has been filed against the judgment and decree dated 15.4.2005 passed by Additional District Judge (Fast Track), Behror, Alwar in Civil Suit No. 103/04 (17/02) whereby the suit filed by the appellants has been dismissed.

(2.) THE brief facts of the case giving rise to this appeal are that plaintiff appellants filed a suit for cancellation of Will dated 12.6.2001 on the ground that Will dated 12.6.2001 has been forged in favour of respondents whereas earlier father of the parties Lallu Singh has executed a Will dated 7.6.2001 and property has been divided in all the three children's. The earlier Will was attested by notary public and witnessed by two witnesses. On 14.6.2001, Lallu Singh died. Thereafter wife of respondent No. 1 got her name entered in the mutation which was objected by the appellants and suit has been filed which was dismissed, hence this appeal.

(3.) HEARD the learned counsel for the parties and perused the judgment and decree under appeal as well as original record of the case.