High Court dismissed the Civil Revision petition invoking Article 226/227 (text cites 227) challenging an order in a suit concerning the validity and execution of a Will, finding no grounds for interference.
The revision petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.6064 of 2010 (O&M) Date of Decision 08.02.2011 Smt.Swaran Samhotra and others ...... Petitioners VERSUS Kusum Lata and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.S.D.Bansal, Advocate, for the petitioners. Mr.Rakesh Gupta, Advocate, for the respondents. *****
A.N.JINDAL, J:
The petitioners have invoked the powers under Article 227 of the Constitution of India for setting aside the order dated 28.07.2010, passed by the Civil Judge (Senior Division), Chandigarh.
The Will is a crucial document to be proved by the petitionersdefendants (herein referred as 'the defendants'). The defendants have set up a Will whereas the respondents-plaintiffs (herein referred as 'the plaintiffs') state that Will is a forged and fabricated document and Gian Chand never executed the Will, therefore, the crux of the matter is that onus of that issue “whether Gian Chand actually executed any such will” would only be on the party who sets up the will.
I have gone through the issues as framed by the trial Court. The Court shall have framed the issue with regard to the execution of the Will. However, other issues have been correctly framed.
As regards the Court fee, if the Court reaches the conclusion that proper Court fee has not been paid, since no suit could be dismissed for payment of less Court fee, therefore, Court could direct the plaintiff to make the deficiency good at the conclusion of the trial.
No grounds to interfere.
Dismissed.
08.02.2011 (A.N.Jindal) mamta-II Judge
1 issue framed by the court
Whether the High Court should interfere with the impugned order in the civil revision invoking Article 227 of the Constitution.
Smt. Swaran Samhotra and others
Kusum Lata and others
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
