SANDHYA RANI DAS Vs. PARIKSHIT DAS

JUDGEMENT

(1.) The short point in this civil revisional application numbered as C.O. 250 of 2005 is the refusal by the learned 13th Additional District Court, Alipore by its order No. 30 dated 9th September 2004 in Original Suit No. 5 of 2001 to allow the petition filed by the defendants under Order 26 Rule 10A C.P.C for scientific investigation of the L.T.I of the executrix, Mohini Bala Dasi ( since deceased).

(2.) The original suit was filed by the plaintiff under Section 276 of the Indian Succession Act for grant of probate in respect of Will dated 16th May, 1994 executed by the late Mohini Bala Dasi. The defendants, who are the present petitioners in C.O. No. 250 of 2005 filed their objection and hence the suit became contested and was transferred to the learned 13th Additional District Court, Alipore being registered as Original Suit No. 5 of 2001.

(3.) In the suit the defendants filed an application under the Order 26 Rule 10 read with Section 151 of the C.P.C. In the said application the defendant contended that the LTI of the executrix, Late Mohini Bala Dasi in the alleged will is required to be proved by scientific investigation qua the L.T.I of the executrix in a gift deed executed by her during her life time.