CHHAMINA BIBI Vs. ANOWAR HOSSAIN

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) By the impugned order dtd. 9/7/2024 passed in T.S. 05 of 2022, the learned Civil Judge (Sr. Division), Sepahijala, Sonamura has refused to allow leave under Order VII Rule 14(3) of the Civil Procedure Code to the plaintiff to introduce a document which is an order of cancellation of the survival certificate of Anu Miah, husband of the plaintiff. The learned Trial Court has rejected the prayer on the ground that no reference of any such disputed survival certificate and its cancellation order are mentioned anywhere in the pleadings of the plaintiff.

(3.) Learned counsel for the plaintiff submits that the survival certificate of Anu Miah was actually misplaced and traced out on 11/7/2023 and then filed on 12/7/2023. Petitioner seeks to introduce the order of cancellation of the survival certificate of Anu Miah obtained by defendant No.1 fraudulently as it is necessary to prove the case of the plaintiff. The plea was contested by defendant No.1 inter alia on number of grounds with a specific contention that survival certificate alone does not prove the legal heirship of a deceased person. Therefore, its issuance or cancellation per se does not establish that defendant No.1 is not the legal heir of Anu Miah. Order VII Rule 14 reads as under: