Will – Defendants claimed title on the basis of registered Will – Order directing defendants to lead their evidence first, upheld

evidence Act, Section 101 – will – Defendants are staking their claim on the basis of a registered Will left by deceased  has to prove their Will first and then only plaintiffs can be asked to discharge  their burden –  Suit seeking relief of declaration of title to property- Defendants claimed title on the basis of registered Will – Per Hindu law of succession, issues asserted by the plaintiffs will come into play and inter se  rights will be decided only when it is established that deceased died  intestate –  If he had left a Will, then their rights and liabilities are subject to the  proof of that Will – Order directing defendants to lead their evidence first, upheld.

2022 PLRonline 454280