DESH RAJ GUPTA Vs. STATE

JUDGEMENT

(1.) By this Order I propose to dispose of LA. No. 6136 of 1986 filed by Shri Rajinder Kumar Gupta under Order 11 rule 21 iread with Section 151 of the Code of Civil Procedure requesting that the Probate Petition No. 62 of 1985 filed by Desh Raj Gupta be dismissed for failure of the petitioner to comply with the undertaking given by him on 14th May, 1986 before the Joint Registrar(O) in LA. No. 3023 1986 filed under Order 11 rule 12 Civil Procedure Code for discovery of certain documents. The application is opposed on behalf of the petitioner Desh Raj Gupta. I have heard the learned counsel for the parties and have gone through the file and aftergiving my considered thought to the matter before me I nave come to the following findnigs:

(2.) The petitioner Desh Raj Gupta sbn of late Lata Hansraj Gupta has filed this probate application under Section 276 of the Indian Succession Act, 1925 for the grant of Probate of the Will dated 28th May, 1985 alleged to have been executed by late Lala Hansraj Gupta and in the said application issues were framed on 26th February, 1986 and an application (1. A. No. 3023/1986) was filed by Rajinder/Kumar Gupta L.R.No.4 under Order 11 rule 12 Civil Procedure Code with a request that the petitioner be directed to discover on oath the documents/material referred to in paras 3, 4 and 5 above". A perusal of paras 3 and4 shows that the records referred to therein are "Medical records regarding treatment of Late Lala Hang Raj Gupta at his residence and while reference to para 5 shows that it refers to "documents and particulars regarding the date of the application and the name of the applicant etc. and the sanction letter are within the knowledge of Shri Desh Raj Gupta.The .order dated 14th May. 1986 on I.A. No. 3023 of 1986 shows that it reads as under :

(3.) The present application ( I.A No 6136 of 1986) has been filed on 6th November, 1986 i.e. after about five months of the filing of the said affidavit by L. R. No. 4. Let us consider the provisions of the Code of Civil Procedure. Order 11 rule 12 C.P.C reads as under ;