VIKASH SHARMA Vs. SH DULO RAM
HIGH COURT OF HIMACHAL PRADESH
Sh Dulo Ram
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Sureshwar Thakur,J. -
(1.) The plaintiffs, through, instituting Civil Suit No. 307-I/2010, before the learned Civil Judge (Jr. Divn.), Jogindernagar, District Mandi, H.P., claimed rendition, of, a declaratory decree, for annulment of will Ex.DW3/A, and, also for quashing the consequent thereto mutation No.79, as, became attested, vis-a-vis, the defendants. The plaintiffs also claimed, the further relief of permanent prohibitory injunction, being pronounced against the propounders, of, the Will, Ex.DW3/A. The learned Civil Judge concerned, on 16.2.2015, made a decision, wherethrough, he proceeded to grant the afore claimed decrees qua the plaintiffs. The aggrieved defendants constituted thereagainst, Civil Appeal No. 8 of 2015, before the learned First Appellate Court, and, the latter Court, dismissed the afore appeal through a verdict made on 1.9.2015.
(2.) The defendants constitute thereagainst the extant appeal before this Court.
(3.) When the appeal came up for admission, this Court, on 17.04.2016, hence, admitted the appeal instituted by the defendants/appellants, against the judgment and decree, rendered by the learned first Appellate Court, on the hereinafter extracted substantial question of law:-
1. Whether on account of mis-appreciation of the pleadings and law and also misreading of the oral as well as documentary evidence available on record, the findings recorded by courts below are erroneous and, as such, the judgment and decree impugned in this appeal being perverse and vitiated is not legally sustainable?
Substantial question of Law No.1:
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