RAVINDRAKUMAR R DAS Vs. NIRMALKUMAR SHANKARSAN BEHRA

JUDGEMENT

(1.) Heard learned counsel Mr. P.P. Majmudar and Mr. Vijay Nangesh, learned advocate for the respective parties.

(2.) This petition is directed against the order dtd. 9/3/2016 passed below Exh. 173 in Special Civil Suit No. 65 of 2013, by which, the learned Civil Judge at Jamkhambhaliya, refused for the production of original Wills by examining the officer of the State Bank of India, Dwarka Branch.

(3.) Having heard the learned counsel for the respective parties and on perusal of the impugned order, it appears that, unless and until the original reference Wills would not produce before the Court, the plaintiff petitioner herein could not examine the attesting witness referred in the Wills. The Court below over looked the provisions of the law, as in order to prove the contents of the Will, it is imperative for the plaintiff to examine the attesting witness. In this circumstances, without much discussions on merits of the case, this Court is of the considered view that the trial Court committed an error which is on face of the record while rejecting the application Exh. 173 for production of original Wills, which are lying in the bank locker. Thus, the impugned order dtd. 9/3/2016 is not sustainable in law and accordingly, same is hereby quashed. The application Exh. 173 is allowed. The Court below shall issue summons to the State Bank of India, Dwarka Branch, Jamkhambhaliya for production of the reference original two Wills, lying in the bank locker. The petitioner plaintiff shall assist the court by furnishing necessary information regarding bank locker etc. The suit is of the year 2013. The learned court below shall ensure that the suit be disposed of as expeditiously as possible, preferably within one year from the receipt of this order.