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2025 DAILYLAW 6590 (HP)

SUBHASH CHAND AND ANOTHER v. SUNIL KUMAR AND OTHERS

CR/25/2024 · 2025-05-26

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No. 25 of 2024 Date of Decision: 26th May, 2025. Subhash Chand .....petitioners. Versus Sunil Kumar and others …..Respondents. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the petitioners: Mr. Gurinder Parmar, Advocate. For the respondents: Respondents No. 1, 4, 9 to 11 proceeded against ex arte vide order dated 16.5.2024. None for respondent No.5. Bipin Chander Negi, Judge The present petition has been preferred against the impugned order dated 22.2.2022 whereby an application filed under Order 8 Rule 1(a)(iii) CPC by the present petitioner/defendant before the trial Court seeking to tender into evidence. Original Will dated 6.11.2008 executed by Lajwanti i.e. deceased defendant No.1 in favour of defendants No. 2 & 3 has been dismissed. 2. Heard counsel for the parties. Perused the petition, pleadings, documents appended thereto. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 3. The suit in the case at hand has been filed seeking a declaration qua Wills made with respect to the suit land by one Mehar Chand and Mangat Ram in favour of defendant No.1 i.e. now deceased (Lajwanti). The aforesaid Wills under challenge pertained to the year 1989 and 2005. Lajwanti (defendant No.1) who is stated to have died, was deleted from the array of the respondents on 25.5.2018. 4. In the case at hand, post the death of Lajwanti on whom the estate devolves is not the question. The question which is up for consideration before the trial Court pertains to two Wills made in the year 1989 and 2005, whereby the suit land had been willed in favour of deceased Lajwanti by one Sh. Mehar Chand and one Sh. Mangat Ram. It is the validity of the two Wills made by the aforesaid two individuals in favour of Lajwanti which is up for consideration at the trial. The original Will of Jalwanti dated 6.11.2018 is of no consequence in the case at hand. 5. Without going into the issue of maintainability of the present revision petition, I see no merit in the petition, therefore, the petition is dismissed. Pending miscellaneous applications, if any, also stand disposed of. 3 Parties are directed to appear before the trial Court on 6.6.2025. (Bipin Chander Negi) Judge 26th May, 2025 (tarun)