DEVYANI G. PATEL SHAH Vs. PANKAJ SHAH

JUDGEMENT

(1.) By this appeal, the appellant takes exception to the order dated 8 th October, 2014, passed in Notice of .Motion (L) No.75 of 2014 in the aforesaid Testamentary Suit.

(2.) The appellant, who claims to be the wife of the deceased had filed the aforesaid testamentary petition in this Court in 2010, which was subsequently converted into a testamentary suit. The appellant was required in the said suit, to prove the purported will of the deceased made by him on 14th February, 1996 by leading her own evidence as well as the evidence of the attesting witnesses. After issues were framed on 8th February, 2011, the appellant filed her affidavit of evidence some time in July, 2011. Vide order dated 27th January, 2014, the Court Commissioner was appointed to record the cross examination of the appellant. It appears from the record, that the appellant delayed the progress of the case, by either changing her advocates and by not appearing before the Court Commissioner on several occasions, despite the undertaking given to this Court, and as such did not co-operate with the Court Commissioner. In view of the same, vide order dated 7th May, 2014, the learned Single Judge allowed the Notice of Motion which was filed by the respondents herein, for dismissal of the testamentary suit for want of prosecution by the appellant. We have perused the reasons assigned by the learned Single Judge and do not find any infirmity warranting interference in the same.

(3.) Learned Counsel for the Appellant submitted that the appellant is ready to co-operate in the proceedings and seeks indulgence. He contended that the delay was occasioned as the appellant had changed her lawyers.