ANURAG GARG Vs. KAILASH CHANDER

JUDGEMENT

(1.) This petition under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred as to "CPC") has been preferred by plaintiff/petitioner, being aggrieved by the order dtd. 28/8/2025 passed by the learned Additional Distrit Judge, Dr. Ambedkar Nagar, District Indore in RCSA No. 152/2019 whereby application under Order VI Rule 17 of the CPC preferred by the plaintiffs has been allowed.

(2.) For the purpose of decision of this petition, the facts need not be narrated in detail. Suffice is to say that petitioner filed a suit for declaration, injunction and partition of the suit property seeking 1/3 share in his ancestral property. During the proceedings, the petitioner apprised the Court about his notice to the respondents for production of original 'WILL' and despite service upon them, the respondents chose not to produce the original documents. The petitioner filed two applications viz. one under Order XVIII Rule 16 & 17 CPC and another under Sec. 64 of the Indian Evidence Act, 1872 seeking permission to prove the 'WILL' by way of secondary evidence and to allow the petitioner to come as witness to prove the said document. The said applications have been dismissed by the learned Trial Court on 13/5/2025 and the said orders have been challenged by the petitioner by filing M.P. No. 4010/2025, the same is pending before this Court in which notices have been issued on 11/8/2025 to the respondents.

(3.) During the pendency of M.P. No. 4010/2025, the evidence of the plaintiff ensued. The petitioner moved an application under Order VI Rule 17 of CPC seeking permission to amend the plaint in the light of new documents being allowed to be exhibited by the Ld. Court. The stated application stands rejected by the impugned orders.