CHANDRAKALA @ CHANDRAKANTA DAS Vs. PRAKASH KANKARIYA

JUDGEMENT

(1.) Heard on application filed under Order 41 Rule 27 of the Code of Civil Procedure, 1908.

(2.) By this application, the appellant seeks to file copy of the registration book to prove that there is signature of Prayag Das @ Goverdhan Das and no signature of Smt. Visakha Bai @ Ram Bai is there in the register.

(3.) During the pendency of the instant First Appeal, the son-in-law of the appellant filed an application before the Sub Registrar Rajnandgaon seeking the register book in which the entry with regard to registration of will dated 5-10-1973 was done and on receiving the copy of the registration book, the appellant came to know that the column of book number and deed number is blank. The document further reveals that only Prag Dasd alias Goverdhan Das has signed in the signature column of the register whereas the will was executed by Prayag Das alias Goverdhan Das and his wife Smt. Bisakha Bai alias Ram Bai. A copy of the register is filed herewith as Annexure A/1. As the appellant is not having the knowledge of the instant document and it is the son in law of the appellant who after due exercise and with his diligence came across the document which is very much necessary and relevant for the disposal of the instant appeal.