C.R. No. 4149 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4149 of 2009 Date of Decision: July 27, 2009 Harnek Singh and others …..Petitioners Vs. Bachan Kaur and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.A.K. Garg, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) A comprehensive issue whether the plaintiff- respondents are entitled to declaration has been framed, an application of the petitioners for framing of additional issue has been dismissed. Counsel for the petitioners has contended that the plaintiff- respondents claims the declaration on the basis of Will dated December 15, 2001 alleged to have been executed in favour of plaintiff- respondent No.1 by Sarwan Singh. The defendant- petitioners in their written statement have C.R. No. 4149 of 2009 [2] raised their claim of title on the basis of another Will dated August 25, 2001. Counsel for the petitioners submits that the trial Court ought to have framed proper issues i.e. one issue regarding the Will dated December 25, 2001 with onus on plaintiff and another regarding the non-existence of Will dated August 25, 2001 with onus on plaintiff. I have heard counsel for the petitioner and considered the facts and circumstances of this case. It is apparent from the impugned order that the evidence of the defendant- petitioners has already been closed and an application for leading evidence/ additional evidence pertaining to Will dated August 25, 2001 has already been dismissed. When questioned regarding the status of the trial, it has been informed that the suit is fixed for final arguments. Totality of the abovesaid circumstances indicate that the claim of the plaintiff- respondents regarding the declaration sought has to be considered on the basis of the evidence produced by the plaintiff- respondents regarding the Will dated December 15, 2001 as well as the evidence produced by the defendant- petitioners to establish the non- existence of the Will or the existence of any suspicious circumstances indicating the improbability of the Will dated December 15, 2001 alleged to have been executed by Sarwan Singh. One of the circumstances which the defendants has to put-forth to falsify the Will dated December 15, 2001 is the circumstance of existence of alleged Will dated August 25, 2001. The comprehensive issue regarding the right of the plaintiff- respondents to seek C.R. No. 4149 of 2009 [3] declaration will include the consideration of all the abovesaid factors and the cumulative effect of the appreciation of evidence produced by the parties before the Court. No ground is made out for interference in the order dismissing the application for framing of additional issue in view of the above observations. Dismissed. July 27, 2009 (M.M.S.BEDI) sanjay JUDGE