MANORAMA GUPTA Vs. SHEELA GUPTA (RANJANA SHAH) Q)

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 21.01.2016 by wich his application under Order 26 Rule 3 & 4 of CPC has been rejected.

(2.) The respondent No.1 to 4 filed an application under Section 276/278 of the Indian Succession Act'1925 claiming Succession Certificate of movable and immovable property of Late Anil Kumar Gupta on the basis of Will dated 04.10.1984. The present petitioner claiming herself to be wife of Late Anil Kumar Gupta, therefore, she is objecting the Succession Certificate.

(3.) The Probate Case was filed on 02.04.2009 and same is still pending on 10.12.2015, the present petitioner filed an application under Order 26 Rule 3 & 4 of CPC that she is not keeping good health and aged about 75 years residing in Gram Amjhera, District Dhar, therefore, her statement be recorded by way of commission. In support of her application, she filed a Medical Certificate issued by Medical Officer, CHC, Amjhera.