- (1.) The application is allowed subject to just exceptions. C.R. No. 3841 of 2010 Petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India praying for setting aside order dated 18.05.2010 passed by learned Additional Civil Judge (Senior Division), Kurukshetra vide which the application under Section 65 of the Evidence Act for leading secondary evidence of Will (Ex.D1) was dismissed by learned trial Court. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court.
(2.) Briefly stated, present petitioner-plaintiff filed the suit for a decree of declaration that she along with defendants No. 1 to 4 are owners to the extent of 1/5th share each in the land in dispute with further relief of declaration that the partition proceedings decided on 17.08.1988 by the Court of Assistant Collector, 1st Grade-cum-Tehsildar were not binding upon her and respondents-defendants No. 1 to 4 and further for declaration that vendees of respondents-defendants No. 1 to 4 would be entitled to a share to the extent of area purchased by them out of the area of the share of respective vendors. It was also pleaded that no Will was executed by deceased Deep Singh in favour of respondents-defendants No. I to 3 and that the plaintiff and defendant No. 4 are also having 1/5th share in the property left by Deep Singh being his daughters. The mutation sanctioned on the basis of Will in favour of respondents-defendants No. 1 to 3 has also been challenged.
(3.) Respondents-defendants No. 1 to 4 filed written statement admitting the claim of present petitioner-plaintiff and taken a plea that no such Will was allegedly executed by Deep Singh in favour of respondent-defendants No. 1 to 3.;