IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH SAO No.70 of 2004 Date of decision : 01.08.2011 Kewal Singh … Appellant Versus Bhajan Singh etc. …Respondents CORAM : HON’BLE MR.JUSTICE K.C.PURI Present: Mr.Satinder Khanna, Advocate for the appellant. Mr.Manuj Nagrath, Advocate for Mr.H.S.Gill, Advocate for the respondents. K.C.Puri, J. (Oral) Bhajan Singh, Balwant Singh and Gulwinder Singh filed a suit for declaration claiming ownership of suit land of Puran Singh on the basis of a registered ‘Will’ dated 11.4.1988. On put to notice, defendants’ claim was on the basis of un- registered ‘Will’ dated 15.4.1993. The trial Court after appraisal of the evidence, upheld the said ‘Will’ dated 15.4.1993. Feeling dissatisfied with the aforesaid order, the plaintiffs preferred the first appeal. The then learned District Judge, Jalandhar vide judgment dated 23.9.2004 remanded the case to the trial Court for fresh decision. The appellate court, after framing the issue “Whether Puran Singh had executed the Will dated 15.4.1993? OPD, remanded the case to the trial Court. The trial court was allowed to afford an opportunity to the defendants to lead additional evidence on the said issue, if it is so desired. The SAO No.70 of 2004 plaintiffs were also given an opportunity to lead evidence with regard to ‘Will’ dated 15.4.1993. During the course of the arguments, learned counsel for the parties have stated that instead of remanding the whole case for fresh decision, the trial Court should have sought the report regarding the afore- said issue. So, in these circumstances, judgment dated 23.9.2004 passed by the District Judge, Jalandhar stands modified to the extent that the trial Court shall submit the report with regard to the aforesaid issue, expeditiously, and the first appellate court shall decide the appeal after receiving the said report. The parties are directed to appear before the trial Court on 26.8.2011. Both the parties shall be given opportunity to prove and dis- approve the ‘Will’ dated 15.4.1993 as ordered by learned District Judge, Jalandhar. With the above modification in judgment under appeal, appeal stands disposed of. A copy of this order be sent to the trial court for strict compliance. ( K.C. Puri) Judge 01.08.2011 sd 2