SUDHIR DEBNATH Vs. KANAL BALA DEBNATH

JUDGEMENT

(1.) THIS is a petition filed under Article 227 of the Constitution of India challenging the order dated 25 -06 -2014 passed by the learned Civil Judge (Senior Division), Court No. 2, West Tripura, Agartala in case No. Title Suit (P) 86 of 2012 whereby he rejected the application filed by the petitioner (hereinafter referred to as the defendant) for adjournment of the case on the ground that the defendant has filed a probate suit and also for seeking permission to file a certified copy of the Will.

(2.) BRIEFLY stated, the facts of the case are that the respondents herein filed a suit for partition against the present petitioner. This suit for partition was filed on 09 -05 -2012. The written statement in the suit was filed on 30 -11 -2012 and it appears that in the written statement the defendant -petitioner raised some plea that the suit property had been willed to him by the original owner. It also appears that the defendant -petitioner filed probate proceedings in the Court of the District Judge, West Tripura, Agartala on 04 -12 -2012 after filing of the written statement. No copy of the Will was attached to the written statement filed in the suit. The trial Court dismissed both the application for adjournment as well as the application for filing the written statement on the ground that the documents should have been filed along with the written statement.

(3.) ON the other hand, Sri D.C. Roy, learned counsel for the respondents, submits that nothing prevented the plaintiff from at least filing a copy of the Will even with the written statement. He further submits that even in the probate proceedings the original Will was filed at a much later stage and not at the initial stage and, therefore, according to him, the petition should be rejected. It is lastly submitted by Mr. Roy that mere production of a certified Will is meaningless because merely by producing the certified copy, the original Will cannot be proved.