Vijay Lakshmi, J. - (1.) Heard learned counsel for the appellants and learned counsel for the respondents on the point of admission. Perused the record.
(2.) The present second appeal is preferred against the judgment and decree dated 26.05.2018 passed by learned Additional District Judge, Court No. 14, Allahabad in Civil Appeal No. 13 of 2014 (Sanjay Kumar Jaiswal and 2 others Vs. Ajai Kumar Jaiswal and 3 others) arising out of judgment and decree dated 19.12.2013 passed in Original Suit No. 23 of 2009 (Sanjay Kumar Jaiswal and others Vs. Ajai Kumar Jaiswal and others). The learned trial court had dismissed the suit filed by plaintiff/ respondent Sanjay Kumar Jaiswal. The learned lower appellate court partly allowed the appeal filed by him against which the defendant- appellant Ajay Kumar has filed this appeal.
(3.) Some background facts, in brief, are that the respondent no. 1 in this appeal namely Sanjay Kumar Jaiswal filed Original Suit No. 23 of 2009 against his younger brother Sri Ajay Kumar Jaiswal and his two minor sons through their mother Smt. Pammy Jaiswal seeking cancellation of the Will deed executed by their father late Shree Nath Jaiswal in favour of two minor sons of Ajay Kumar Jaiswal. Learned counsel for both the parties adduced the evidence in support of their respective claims. The learned trial court framed six issues out of which the relevant issue was issue no. 1 to the effect that whether the Will dated 30.6.2007 is void and nullity in the eyes of law ? The learned trial court decided issue no. 1 in negative in favour of defendants (appellants in the present appeal namely Ajay Kumar Jaiswal and his two minor sons) thereby holding the Will as valid and dismissed the suit.;