S.N.AGGARWAL, J. - (1.) THE respondents have been served but none is present on their behalf. They are proceeded against ex parte.
(2.) PETITIONER is the plaintiff in the learned trial Court. She had set up a Will allegedly executed by Satywati on 8.1.1988. On the other hand, the respondents have set up a case that Satyawati was mentally deranged for 40 years before her death. She was murdered and she was missing since December, 1987. Submits that since these pleas have been taken by the defendants in the written-statement, therefore, these are to be proved by the defendants and the plaintiff would not get any opportunity to rebut the evidence led by the defendants on these aspects. Therefore, the petitioner filed an application for framing of additional issues which has been dismissed by the learned trial Court vide order dated 10.2.2006.
(3.) I am satisfied that the following issues should be framed on the basis of pleadings of the respondents :- (i) Whether Satyawati was mentally deranged for about 40 years before her death ? OPD (ii) Whether Satyawati was missing since December, 1987 ? OPD (iii) Whether Satyawati was murdered by the plaintiff in connivance with defendant Nos. 3 to 5 ? OPD If the defendants lead evidence on these issues, the petitioner will be entitled to lead rebuttal evidence. Disposed of in the above terms. Order accordingly.;