WANTI BAI Vs. STATE

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed for setting aside of the order dated 21.4.2010, passed by the Additional District Judge, Delhi vide which application filed by the petitioner under Order 7 Rule 14 (1) of Code of Civil Procedure (for short as ,,Code) was dismissed with costs of Rs.2,000/-.

(2.) The brief facts which emerges from the impugned order are that, petitioner filed a petition before the trial Court for grant of probate on 16.12.2006 on the basis of Will of her deceased mother Smt. Talian Bai, dated 31.12.1990. The property in question was purchased by Sh. Ram Chand, husband of deceased Smt. Talian Bai. As per the petition, Smt. Talian Bai had become the owner of the property on the basis of the Will dated 7.2.1971 executed by Sh. Ram Chand. Neither the original nor the photocopy of the Will dated 7.2.1971 was placed on record by the petitioner despite the fact that this Will of Sh. Ram Chand was also disputed by the respondents in their objections.

(3.) It is contended by learned counsel for the petitioner that there is a mention of Will dated 7.2.1971, executed by Sh. Ram Chand in favour of Smt. Talian Bai, in the list of documents as well as in the list of witnesses, filed by the petitioner in the suit. Will dated 7.2.1971 is not a foreign document, which was produced suddenly in the Trial Court. The existence of the said Will has been mentioned in the petition itself by the petitioner.