ARVIND KUMAR Vs. RAJ KUMAR
HIGH COURT OF HIMACHAL PRADESH
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JYOTSNA REWAL DUA, J. -
(1.) An application under Section 151 of the Code of Civil Procedure moved by the petitioners (defendants) for reopening the evidence by summoning, calling and examining the witnesses of will has been dismissed by the learned Trial Court vide order dated 15.01.2021. Aggrieved, instant petition under Article 227 of the Constitution of India has been preferred by them.
(2.) Heard learned counsel for the petitioners and gone through the appended record. Parties are hereinafter referred to as they are before the learned Trial Court.
(3.) Suit was filed by the respondent/plaintiff for declaration to the effect that he and defendant No.1 are the joint owners in possession with half share each of the suit land detailed in the plaint. The will dated 09.06.2005 executed by their father late Sh. Ram Asra in favour of defendant No.1 and Satish Kumari (widow of late Sh. Ram Asra) and the will dated 28.06.2006 executed by Smt. Satish Kumari in favour of defendants No.2 and 3 (sons of defendant No.1) are fraudulent, illegal and void ab-initio qua the rights of the plaintiff. The suit was contested by the defendants and evidence was led by them for proving the authenticity of the wills in question. The defendants closed their evidence on 05.08.2017, whereafter the matter was fixed for arguments. On 23.12.2020, defendants moved an application under Section 151 CPC for permission to reopen the evidence. The same having been declined by the learned Trial Court vide the impugned order, instant petition has been preferred.;
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