RADHEY SHYAM GOYAL Vs. GOPAL DAS GOYAL

JUDGEMENT

(1.) By filing this petitioner under Article 227 of the Constitution of India, the petitioner has challenged the order dated 11.10.2011 whereby his application under Order 6 Rule 1, 6 & 7 C.P.C. dated 11.10.2011 is rejected by the Court below. By preferring the said application, the petitioner/defendant stated that after the death the will was registered in the Deputy Registrar Office which shows that the will is doubtful. To establish that will is doubtful, it was prayed that the original record regarding registration of the will in question be summoned from the Registrar office.

(2.) The Court below rejected the said application on the ground that it is not in dispute that the will was registered after the death of the person. The will was executed before the registration. The defendant has to lead evidence to establish his own case. By examining the pleadings of the parties, the Court below opined that the record of the Registrar office is not relevant.

(3.) In my opinion, interference can be made by this Court if order suffers from any jurisdictional error, manifest procedural impropriety or palpable perversity. Another view is possible, is not aground for interference as held by this Court in Shalini Shyam Shetty and another vs. Rajendra Shankar Patil, 2010 8 SCC 329, which reads as under:-