MUKULA MOHILE Vs. STATE

JUDGEMENT

(1.) C.M. Appl. No. 18928/2017 (for exemption) Exemption allowed, subject to all just exceptions. C.M. stands disposed of. FAO No. 226/2017

(2.) It is argued that the matter was fixed for evidence only on two occasions, firstly on 12.7.2016 and secondly on 13.10.2016, and on the second date in fact the presiding officer was on leave and the matter was adjourned to 25.1.2017 when the court below closed the evidence of the appellants/petitioners and dismissed the probate petition.

(3.) In my opinion, the court below has been unnecessarily harsh in closing the evidence of the appellants/petitioners, more so, when the petition was an uncontested petition for grant of letters of administration. In fact, counsel for the appellants has filed in this Court a copy of the affidavit by way of evidence which was attested from the Notary Public on 13.10.2016 but was not filed before the court below on account of lack of diligence on the part of the appellants' lawyer in the court below.