IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 261 CR-3352-2018 (O&M) Date of Decision: 29.04.2025 HARBANS SINGH …..Pe..oner Vs. KULDIP KAUR AND ORS …..Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. K.S. Lakhanpal, Advocate for Mr. Rakesh Gupta, Advocate for the peoner. Mr. Prince Saini, Advocate for Mr. Chanakya Ba"a, Advocate for respondent No.1. ****** DEEPAK GUPTA, J. (ORAL) This peon was filed assailing the order dated 17.04.2018 (Annexure P-1), whereby applicaon moved by the plainff-Harbans Singh (peoner herein) to frame an addional issue as per Order 14 Rule 5 CPC was declined. 2. As the perusal of the paper book would reveal that plainff claimed right in the suit property on the basis of natural succession; whereas defendant No.1 i.e. respondent No.1 herein propounded a Will dated 19.12.2009 alleged to have been executed by Mohinder Singh deceased in her favour. 3. Though, the trial Court had framed an issue as to whether the plainff is entled to declaraon as prayed for, but no specific issue was framed regading the validity of Will dated 19.12.2009 and it was in these circumstances, that prayer was made by the plainff to frame a specific issue regarding the Will. PRIYANKA 2025.04.30 10:03 I attest to the accuracy and integrity of this document CR-3352-2018 (O&M) -2- 4. Trial Court by way of impugned order declined the applicaon by observing that the issue already framed will cover the issue related to Will as well. 5. The impugned order as passed by the trial Court is apparently wrong. Since defendant set up a Will, it was for the defendant to prove the validity and legality of the Will and as such a specific issue is required to be framed regarding the validity of Will with the onus of proof upon the propounder-respondent No.1. 6. As such, the present revision peon is hereby accepted. The impugned order is set aside. The trial Court is directed to frame a specific issue regarding the validity of Will dated 19.12.2009 propounded by the respondent No.1. Disposed of. Pending applicaon(s), if any, shall stand disposed of. ( DEEPAK GUPTA ) 29.04.2025 JUDGE pry Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PRIYANKA 2025.04.30 10:03 I attest to the accuracy and integrity of this document