Jammu & Kashmir High Court
Ajay Sharma And Others vs Madan Lal on 4 March, 2021
Author: Chief Justice
Bench: Chief Justice
Sr. No. 203
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CJ Court
Case: OW104 No. 15 of 2013
Ajay Sharma and others ...Petitioner(s)/Appellant(s)
Through: Sh. G.S. Thakur, Advocate.
v/s
Madan Lal
.... Respondent(s)
Through: None.
CORAM: HON'BLE THE CHIEF JUSTICE
ORDER
01. Heard Sh. G. S. Thakur, learned counsel for the petitioners.
02. The petitioners have preferred this petition under Article 227 of the Constitution of India challenging the order dated 31.12.2012 passed by the 3rd Additional Munsiff, Jammu in File No. 14/Civil of 2005, 'Ajay Sharma and others vs. Madan Lal'.
03. The court of first instance by the aforesaid order has rejected the application of the petitioners filed under Order 14 Rule 5 CPC for recasting issue No. 5 and for shifting burden of proof upon the defendant-petitioner herein being propounder of the Will dated 16.01.1967. The submission of learned counsel for the petitioners is that the court below has wrongly shifted the burden of proof upon the defendant-petitioner.
04. Be as it may be, presently simply an application of the petitioners alleged to have been filed under Order 14 Rule 5 CPC has been rejected. The order impugned is an interlocutory order and in case the petitioners are of the 2 OW104 No. 15 of 2013 opinion that it has wrongly been rejected they can assail the rejection of the application in appeal after the decision of the suit if the occasion so arises.
05. In view of the aforesaid facts and circumstances, the court does not find any good reason to interfere in the suit proceedings at this stage.
06. The petition is dismissed.
(PANKAJ MITHAL) CHIEF JUSTICE Jammu 04.03.2021 SUNIL-I