As per Upper Court decision,
During pendency of appeal, application for additional evidence has been allowed and plaintiff has placed on file copy of the sale deed dated 15.x.19xx vide which his father late XYZ had purchased the suit property. Though the appeal could be disposed off once sale deed is allowed to be tendered, yet it is pertinent to mention that defendant has taken a stand in the written statement that XYZ during his life time, had executed Will dated 9.x.19xx absolving the plaintiff from his movable and immovable properties. Ld. Trial Court has observed that plaintiff has not led any evidence to prove title of XYZ qua the suit property, but no issue was framed about execution of the Will. Matter, thus, needs to be remanded back to the Ld. trial Court for a decision afresh and Ld. trial Court is directed to frame specific issue regarding execution of the Will by XYZ (since deceased) and give opportunity to defendants to lead evidence regarding execution of the Will by XYZ and plaintiff shall also be permitted to lead evidence to produce sale deed vide which XYZ had allegedly purchased the suit property.
Trial court had already given 5 chances to defendent to produce the proper Will and Upper Court was also given 4 chances to led down the evidence or Will
What should be scenerio of this case in future ?
