A K BELWAL Vs. SHOBHA JOSHI

JUDGEMENT

(1.) EXEMPTION allowed subject to just exceptions. C.M. stands disposed of. + C.M.(M) No.74/2014 and C.M. No.1418/2014 (stay)

(2.) THE challenge by means of this petition under Article 227 of the Constitution of India is to the orders of the trial court/succession certificate court dated 27.11.2013 and 10.12.2013 whereby the petitioner was granted adjournment subject to payment of costs of Rs.1,000/ - and by the order of later date the evidence of the petitioner was closed. Since the two impugned orders dated 27.11.2013 and 10.12.2013 are short orders, I reproduce the same as under: -

(3.) A reading of the orders shows that the succession certificate was applied for by the petitioner with respect to only one bank account which was with Syndicate Bank. When the evidence of PW1 was being recorded on behalf of present petitioner it became clear that the account was a joint account and there was no money lying in the account for any succession certificate to be granted. Accordingly, on 27.11.2013 case was adjourned and again on 10.12.2013 further adjournment was not granted and after closing the petitioner's evidence, the case was fixed for respondent's evidence and failing which for final arguments.