SUDESH Vs. VIJENDER SINGH

JUDGEMENT

(1.) In substance, the issue before this Court is whether the sole surviving attesting witness to the Will should or should not be permitted to appear once the defence evidence has been formally closed. It is noteworthy that his affidavit in lieu of examination-in- chief was filed as far back as 31/8/2015 and continues to remain part of the record. The only step pending is his cross-examination, which could not be conducted earlier on account of his non-appearance.

(2.) The present Appeal filed under Sec. 10 of the Delhi High Court Act, 1966 [hereinafter referred to as "DHCA"] read with Delhi High Court Rules assails the correctness of order dtd. 8/1/2025 [hereinafter referred to as "Impugned Order"], passed by learned Single Judge in I.A. No. 4224/2024 in CS (OS) No. 1546/2009, whereby the learned Single Judge dismissed the application filed by the Appellants [Defendants No.2 to 4 before learned Single Judge] under Order XVI Rule 1 read with Sec. 151 of the Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"], seeking permission to summon and examine Shri Ajay Gopal the sole surviving attesting witness to the Registered Will dtd. 24/5/2002 [hereinafter referred to as "Will"] of Late Sh. Ram Chander.

(3.) For convenience, the parties shall be referred to by their array before the learned Single Judge. Appellant Nos.1 to 3 were Defendant Nos.2 to 4; Respondent Nos.1 to 3 were Plaintiff Nos.1 to 3; Respondent No.4 was Defendant No.1; Respondent Nos.5 to 9 were Defendant Nos.5 to 9, respectively.