BAHADUR SINGH AND OTHERS Vs. SIKKANDER SINGH AND OTHERS
LAWS(P&H)-2012-9-484
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 19,2012

Bahadur Singh And Others Appellant
VERSUS
SIKKANDER SINGH AND OTHERS Respondents

JUDGEMENT

- (1.) The plaintiffs have preferred the present Civil Revision challenging the dismissal of the application seeking amendment of the plaint filed under Order 6 Rule 17 of the Code of Civil Procedure by the First Appellate Court.
(2.) The plaintiffs have specifically pleaded in the plaint that the plaintiffs and the defendants no. 2 to 4 are the co-sharers in possession of the land which stands in the name of Pritam Singh to an extent of 1/6th share each. They also challenged the Will alleged to have been executed by Pritam Singh in favour of the first defendant Sikkandar Singh.
(3.) The trial Court has upheld the validity of the Will executed by Pritam Singh in favour of his grandson Sikkander Singh. It is to be noted that the plaintiffs never let in evidence that the property stood in the name of Pritam Singh was an ancestral property. The trial Court upholding the Will executed by Pritam Singh in favour of his grandson chose to dismiss the suit filed by the plaintiff seeking declaration.;


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