CHANDER MOHAN MEHTA Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India, impugning the order dtd. 27/7/2023, passed by the learned District Judge in PC No. 81/2022, titled 'Satish Kumar Mehta Vs. The State and Ors.', whereby, the application seeking permission to place on record a copy of the registered Will dtd. 25/5/1983 was dismissed.

(2.) The petitioner assailed the impugned order on multiple grounds, primarily arguing that the learned Trial Court erred in dismissing the application without considering the material significance of the registered Will. Petitioner submits that the registered Will forms a crucial part of record of the probate proceedings and its exclusion would not only be unjust but also hinder the fair adjudication of the matter.

(3.) Briefly stated the facts leading to the filing of the present petition are that the testator, Sh. Balwant Singh Mehta, a resident of Delhi, died on 24/5/1988, leaving behind his wife, three daughters and four sons.