CYRIL RODRIGUES Vs. EDWIN RODRIGUES

JUDGEMENT

(1.) The present petitioner was defendant No.1 in O.S.No.476/2012, in the Court of learned II Addl.Civil Judge & J.M.F.C., Mangaluru, Dakshina Kannada, (hereinafter for brevity referred to as 'trial Court'), which was a suit filed for the relief of partition. The contention of the present petitioner, as defendant No.1, was that he is a legatee under an alleged Will dtd. 9/10/1986. After closure of evidence from his side, he made two applications i.e., IA.No.11 under Order XVIII Rule 1 and 2 read with Sec. 151 of Code of Civil Procedure, 1908 (hereinafter for brevity referred to as 'CPC') and another application IA.No.12 under Order XVI Rule 1 and 2 read with Sec. 151 of CPC, seeking to reopen his case and to summon the Sub-Registrar, Mangaluru Taluk, Mangaluru and the Tahsildar (Land Reforms), Secretary, X Land Tribunal, Mangaluru, to cause production of the Thumb register relating to the Will dtd. 9/10/1986 and production of alleged Certificate of Registration in Form-X, dtd. 20/3/1982. After inviting objections to the said applications, the trial Court by its order dtd. 13/1/2017, rejected both the IAs. Aggrieved by the same, the defendant No.1 in the trial Court is before this Court.

(2.) The respondents though served have remained absent.

(3.) Learned counsel for the petitioner in his argument submitted that though the petitioner has examined son of one of the attesting witness to the Will from his side, however, in order to show that the testator had executed the Will and to prove his signature, he needed the production of the register and has prayed for the same in the application, however, the trial Court without appreciating the said requirement, rejected his application.