CR No.1471 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No.1471 of 2009 Date of decision March 18, 2009 Sat Pal ....... Petitioner Versus Ramji Dass and others ........Respondent CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Namit Gautam, Advocate for the petitioner. **** 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not? 3. Whether the judgment should be reported in the digest? K. Kannan, J (oral). 1. The revision is against an order rejecting the application filed by the plaintiff to frame an additional issue regarding the validity of a Will propounded by the defendant. The Court below has rejected the application on the ground that the issue regarding the claim of title by the plaintiff would answer also the issue regarding Will. 2. The rejection betrays a lack of understanding of the fundamental principle that a person who has propounded a Will shall always prove it and the burden is never on any other person than a person who sets up the Will. The defendant is setting up a Will. There has to be an issue framed for such a purpose casting the burden of proof on the person who propounds the Will. The omnibus issue whether the plaintiff is entitled to the property, will never address the issue of genuineness of a Will. It has to be virtually specific and clear so that the parties could come to trial with knowledge of respective onus of proof. 3. Having regard to the fact that the matter concerns CR No.1471 of 2009 2 only framing of issue, I dispense with notice to the respondent and pass an order at the stage of admission itself that the order of the Court below is set aside and the Court shall frame an issue regarding truth and validity of the Will as propounded by the defendant. 4. Needless to state that on such issue being framed the plaintiff shall have a right of rebuttal on the contention raised regarding the Will. 5. Civil revision petition is allowed accordingly. (K. KANNAN) JUDGE March 18, 2009 archana