PRATIBHA LALWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of present petition petitioner has challenged impugned order dated 10th April, 2008 passed by learned ADJ in LAC No 48/2006, 49/2006 and 95/2006.

(2.) BRIEFLY the facts of the case are as under: petitioners are daughters of deceased Pyare Lal Sharma. Respondents are their cousins. As per respondents father of petitioners executed alleged will dated 24. 12. 1975 wherein properties situated at Bhartal and dhoolsiras, Delhi had been given by him to Sh. Prabhu Dayal Sharma i. e. father of respondents. Later on the said property was acquired Govt of India and compensation has been claimed by the legal heirs of alleged beneficiary of late Prabhu Dayal Sharma i. e. respondent nos. 2 to 5. Three references under Section 30-31 of Land acquisition Act, 1894 are pending before learned adj. Petitioners have denied their father executed alleged Will. They are claiming the compensation in respect of land of their father whereas respondents are relying on the alleged Will dated 24. 12. 1975. According to petitioners alleged Will dated 24. 12. 1975 is a false and fabricated document. Respondents have led secondary evidence to prove the alleged Will. During the pendency of reference, the petitioners made enquiry and had come to know that attesting witness to the alleged "will" dated 24. 12. 1975, namely, 'sh. Zahoor Ahmed' aged about 85 years is alive. They moved an application under Order 26 Rule 4 read with Section 151 CPC before the trial court for recording the evidence of the aforesaid witness through commission at jabalpur or through video conferencing on the ground that witness is an old man and medically unfit to travel. The said application was dismissed by the learned ADJ vide order dated 8. 1. 2008. Petitioner challenged the same by way of filing CM (M) being No. 151/2008,152/2008 and 153/2008 before this court wherein order dated 6. 2. 2008 was passed with the consent of parties. Pursuant to that directions were issued to the Chief Medical Officer, Govt. Hospital, Jabalpur by this Court for medical examination of the aforesaid witness and to certify his state of health.

(3.) ON 13. 2. 2008 witness Zahoor Ahmed was examined by Board of doctors of Govt. Hospital, Jabalpur and a medical certificate of same date was placed on record before the learned reference court by petitioners. There was some controversy between the parties about genuineness of said medical certificate as such same was rejected and petitioners were directed to furnish fresh medical certificate. Thereupon, witness Zahoor Ahmed tried to get himself again examined from the aforesaid hospital. But his request was declined. It is alleged that petitioners on their visits to hospital had realized that the concerned doctors had either been threatened or had been under the undue influence of respondents. Ultimately, petitioners got the witness zahur Ahmed examined from other doctors at Jabalpur and also placed on record photographs/ video film of the witness and also produced medical certificate dated 8. 4,2008 and requested reference court to record the evidence of witness by issuing commission at Jabalpur. Learned trial court vide impugned order 10. 4. 2008 has rejected the request of petitioners and last opportunity is granted to them to produce witness Zahur Ahmed in court. Aggrieved with the said order present petition is filed.