Surendra Singh Son of Shri Gulab Singh v. Shivram Singh Son of Shri Panne Singh
Writ Petition – Amendment of plaint (Order 6 Rule 17 CPC) – Prayer to declare will dated 27.05.2015 forged, fabricated and void
Case brief
What is this about?
Surendra Singh v. Shivram Singh, S.B. Civil Writ Petition No. 3367/2021 [CW-3367/2021], Rajasthan High Court (Jaipur Bench), Hon'ble Mr. Justice Bipin Gupta, decided 19/03/2026, [2026:RJ-JP:11775] — amendment of plaint under Order 6 Rule 17 CPC / Order VI Rule 17 CPC refused; will dated 27.05.2015; issue on validity of will already framed by Trial Court; amendment deemed unnecessary; no infirmity in order dated 06.02.2021 of ADJ No.3 Jaipur Metropolitan-II; writ petition dismissed; pending applications disposed of.
What did the court decide?
Once an issue concerning the validity of the will dated 27.05.2015 has already been framed, the same is required to be adjudicated by the learned Trial Court, and the parties shall be entitled to lead evidence on the said issue. ¶23