KOLI KUKA BHAVAN Vs. KOLI DANA NATHA

JUDGEMENT

(1.) It would be difficult to realise the plight of a litigant when he has to be told nearly after 16 years that his appeal before this Court is not competent. The present litigation shows how low's delays cause immense hardship if not harassment to litigants.

(2.) The decision rendered by the learned Joint Civil Judge (S.D.) at Rajkot on 20th February 1977 in Misc. Application No. 119 of 1972 has been under challenge in this appeal at the instance of the original applicants under Sec. 96 of the Code of Civil Procedure, 1908 ('the Code' for brief) read with Sec. 299 of the Indian Succession Act, 1925. Thereby the application of the present appellants for letters of administration with the will of the deceased annexed was rejected.

(3.) The facts giving rise to this appeal are not many and not much in dispute. The controversy centres round one testamentary document alleged to have been executed by one Ravji Punja who breathed his last on 28th April 1962. The present appellants were his nephews. Their father was the brother of the deceased. According to them, their deceased uncle executed his last will on 12th April, 1961 and bequeathed all of his properties to the present appellants. As the legatees of the deceased under the testamentary document, they moved the Court of the Civil Judge (S.D.) at Rajkot for letters of administration with the will annexed. Their application came to be registered as Misc. Application No. 119 of 1972. The opponents filed their reply at Exh. 16 and resisted the application on various grounds. It appears that some other persons also objected to the grant of letters of administration and they filed their objections at Exh. 21 on the record of the case and resisted the application on various grounds. The matter appears to have been assigned to the learned Joint Civil Judge (S.D.) at Rajkot for trial and disposal. On the pleadings of the parties, the learned Trial Judge framed the necessary issues at Exh. 22 on the record of the case. After recording evidence and hearing the parties, by his decision rendered on 20th February 1977 in Misc. Application No. 119 of 1972, the learned Joint Civil Judge (S.D.) at Rajkot rejected the application. The aggrieved applicants have thereupon invoked the appellate jurisdiction of this Court by means of this appeal for questioning the correctness of the aforesaid decision rendered by the learned Trial Judge.