NORBERT DSOUZA Vs. REGINA LEWIS

JUDGEMENT

(1.) This petition is filed seeking for the following relief:

(2.) Heard.

(3.) Smt. Thanima Bekal, learned counsel appearing for the petitioners submits that the petitioners have filed a suit seeking for the relief of declaration to declare that the petitioners are the owners of the suit schedule property based on the Will executed by one Anthony, brother of the petitioners, husband of the respondent No.1 and father of respondent Nos.2 and 3. In the said suit, the respondents filed a written statement, issues were framed and the petitioners examined the witnesses to prove the Will. It is submitted that the petitioners filed an application to furnish the list of witnesses they proposed to examine by seeking condonation of delay. The Trial Court, considering the same, rejected the said application solely on the ground that the application was filed belatedly at the stage of arguments. It is further submitted that the witnesses sought to be examined are very much necessary to prove the contents of the Will and the burden to prove the Will is on the petitioners. It is also submitted that as per the list of witnesses referred in the application, the first witness is the family member of the petitioners, the respondents and deceased Anthony, witness No.2 is the friend of deceased Anthony, witness No.3 is the employee working with deceased Anthony and defendant No.1, and witness No.4 is the brother of the petitioners and witness No.5 is the Doctor who treated deceased Anthony to demonstrate that there were strained relationship between the deceased Anthony and the respondent No.1. The said Anthony was in the care and custody of his sister and the entire bills with regard to his treatment were incurred by the other family members and he was residing separately from the respondent Nos.1 to 3. It is submitted that these witnesses are very much necessary to decide the controversy between the parties. However, the Trial Court, without appreciating the same, rejected the application solely on the ground that the application is filed after the closure of the evidence and the matter is posted for arguments. Hence, he seeks to allow the petition by providing one opportunity to the petitioners to examine the said witnesses to enable them to prove their case before the Court.