NIRMALYA KUMAR GHOSAL Vs. PRAKRITI MALHOTRA

JUDGEMENT

(1.) The Court :-

(2.) In the application it has been offered by the petitioner that one Smt. Keya Guha is one of the attesting witnesses of the Last Will and Testament of Pranati Ghosal dated 23.02.2014. The said Keya Guha is not only the attesting witness of the said last Will and Testament but also close family friend, enjoying a long association with the family of the deceased and knows the petitioner and the caveatrix from their childhood. It has, therefore, been contended that her testimony is of paramount importance for the substantial adjudication of the instant lis. It has been stated on oath by the petitioner that the said Keya Guha is about 70 years of age and has been suffering from various ailments. If it is taken to be true, she was undergoing treatment from celulitis (swelling and water retention under the soles of the feet) and osteoarthritis and as such she has extreme difficulty in walking and is unable to stand for a continued period. Apart from the above she is also suffering from diabetes, hypertension and ischemic heart diseases with lumbago and assiaemiar. According to the petitioner for the aforesaid reasons it would not be possible for the said Keya Guha to adduce evidence in Court. In support of such statement the petitioner annexed doctors certificate dated 02.12.2017.

(3.) Pursuant to leave granted, however, the petitioner brought on record another affidavit affirmed on 17.01.2020 to agitate that she is still not recovered from the ailments. She was suffering earlier as indicated in her affidavit affirmed on 8th December, 2017 and in the present affidavit she has made out a further case that she is now 74 years of age, lives with her husband who is not only ailing from several severe chronic medical ailments from prior to 2017, she is also faced with rather severe and drastic situation, resulting from her husband's critical health condition who is virtually bed ridden. She had all alone to look after her ill husband who is presently at home undergoing a severe surgical operation. Another certificate of a doctor has also been annexed being annexure 'A' to the present affidavit.