RITU SINGH Vs. PREMLATA SINGH

JUDGEMENT

(1.) Mr. Dharmendra Barthwal, Advocate, present for the Petitioner.

(2.) Mr. Neeraj Garg, Advocate, present for the respondents.

(3.) The petitioner before this Court is the alleged beneficiary of a Will dated 31st May, 2010 alleged to have been executed by late Mohit Singh (testator), the brother of the petitioner who passed away on 1st July, 2010. In order to prove the Will, the beneficiary i.e. the petitioner has moved the District Court for probate and as it is now being contested by the wife and children of the deceased (respondents herein), the matter is proceeding as a regular suit being Suit No.7 of 2012. According to the petitioner her brother died under "mysterious" circumstances on 1st July, 2010, and consequently a First Information Report has also been filed by the grand-father of the deceased at Police Station Nehru Colony, Dehradun under Section 306/34, I.P.C. According to the petitioner, during the police investigation the diary of the deceased was found, which is a material evidence and presently in the custody of Judicial Magistrate I, Dehradun in Case Crime No.133 of 2010, under Section 306/34, I.P.C.