UKHC010013012026 2026:UHC:5174 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/242/2026 Jagdip Singh --Petitioner Versus Prabhjit Singh Taneja --Respondent Hon’ble Manoj Kumar Tiwari, J. Mr. Navneet Kaushik, Advocate for the petitioner. Mr. Vikas Bahuguna, Advocate for the respondent. 2. Petitioner is defendant in a suit for partition and permanent injunction filed by respondent. Petitioner filed an application under Order 14 Rule 5 CPC for framing following 3 additional issues: “1. Whether the father of the parties executed the alleged will as propounded by the plaintiff in his replication and denied by the defendant in his additional written statement? 2. Whether the alleged will as propounded is a forged will and not duly registered? 3. Whether the sister’s son of the parties are the necessary party in the suit and if so, its legal effect? 3. The said application was rejected by the trial Court/Fourth Additional Civil Judge UKHC010013012026 2026:UHC:5174 (Senior Division), Dehradun vide order dated 14.01.2026. Thus feeling aggrieved petitioner has approached this Court challenging the order dated 14.01.2026. 4. Mr. Vikas Bahuguna, learned counsel appearing for respondent concedes that order passed by trial Court impugned in the writ petition is flawed inasmuch as the burden is upon the propounder to prove validity of the will. He thus submits he has no objection if application moved by petitioner under Order 14 Rule 5 CPC is allowed and the learned trial Court is directed to frame additional issues as prayed for by petitioner. 5. In view of concession given by Mr. Vikas Bahuguna, learned counsel appearing for respondent, impugned order dated 14.01.2026 is set aside and the application filed by petitioner under Order 14 Rule 5 CPC stands allowed. (Manoj Kumar Tiwari, J.) 30.06.2026 Mahinder/