NITIN VIG Vs. CHANDER PARKASH MEHRA

JUDGEMENT

(1.) By way of the present petition filed under Article 227 of the Constitution of India, the petitioner challenges the order dtd. 11/11/2022 passed by the learned Additional District Judge ('Trial Court') in Probate Case No. 42142/2016 titled as 'Nitin Vig v. Chander Prakash Mehra and Ors." whereby the application of the petitioner filed under Sec. 151 of the Code of Civil Procedure, 1908 (in short 'CPC') for summoning the official records from DDA for verifying the signatures of the deceased Suraj Prakash Mehra has been dismissed with a cost of Rs.10,000.00.

(2.) The brief facts that arise from the present petition are that the respondent herein is the brother of deceased Suraj Prakash Mehra who expired on 16/12/2006. He was married to Smt. Vijay and out of their wedlock no issue was born. He had separated from his wife during his lifetime and her whereabouts were not known to the deceased Suraj Prakash Mehra and his family.

(3.) Respondent no. 1/Chander Prakash Mehra filed a probate petition bearing No.42327/2016 on 7/2/2007 before the Learned Additional District Judge, Tis Hazari Courts, Delhi titled as 'Chander Prakash Mehra Vs. State and Ors.' for the grant of Probate on the basis of the alleged Will dtd. 15/3/1977 of the deceased Suraj Prakash Mehra. In response, the petitioner and Respondents No. 2 to 6 had filed detailed objections to the said probate petition wherein, they stated that the Will is fabricated and forged by respondent no. 1 to claim the property i.e. flat bearing No. 7B, First Floor, G-8 Area, Rajouri Garden, New Delhi (in short 'subject property') of late Suraj Prakash Mehra for himself.