P. VARALAKSHMAMMA Vs. P. BALA SUBRARY MANYAM

JUDGEMENT

(1.) THIS is an application to revise the order of the learned Subordinate Judge, Tenali in I. A. No. 1004 of 1955 in O. S. No. 13 of 1955 directing the petitioner herein to produce the certified copy of the will. The application was made under O. 11, R. 14, C. P. C. The petitioner stated in the counter -affidavit that she obtained a certified copy of the will and that her relations were in possession of the same. The learned Subordinate Judge passed the following order:

(2.) IT was next contended that as the petitioner is not in possession of the certified copy she sought not to be compelled to produce the same. There is no force in this contention. The respondent admits that the document is in her power or custody being in the possession of her relations. It is not stated in the counter -affidavit filed in the lower Court that she is unable to obtain production of that document from her relations. I therefore agree with the order passed by the Court below and dismiss the civil revision petition with costs.