KUSUM DUGGAL Vs. KAUSHALYA JHINGRAN

JUDGEMENT

(1.) This appeal has been preferred by the plaintiff/appellant against the order passed by learned Single Judge on 16.12.1999 during the course of recording the statement of Smt. Kaushalya Jhingran, D.W.I. By the said order objection of learned counsel for the appellant was turned down that the original will dated 13.11.1975 be not taken on record and be not allowed to be proved.

(2.) After notice was issued in this appeal, learned counsel for the respondent raised an objection about maintainability of appeal, which has been filed under Section 10 of the Delhi High Court Act, 1966. It is this question of maintainability of the appeal, which is being considered by us.

(3.) Suit was contested by respondent No. 1. After plaintiffs evidence, the suit was posted for defendants evidence. IA 8907/97 was filed by the defendant praying that the original Will dated 13.11.1975 of Dr. (Major) Prem Narain Mehra may be directed to be kept in sealed cover. On 12.9.1997 the application was decided by directing that Will be kept in sealed cover. IA. 9307/97 was filed by defendant under Order 13 Rule 2 of the Code of Civil Procedure seeking permission to produce the said Will.