JUDGEMENT
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(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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