SHRIKANT MANTRI Vs. SAVITRI DEVI MANTRI AND ORS.

JUDGEMENT

(1.) This is an application for re-examination of Shri Pradeep Kumar Jain, the third witness on behalf of the plaintiff in a testamentary proceeding for the grant of probate of the last Will and Testament dated November 12, 1990 executed by Late Kamla Devi Mantri.

(2.) During the course of his examination the applicant stated that he had accompanied his father Late Kamal Kumar Jain to the residence of the said deceased on 12th November, 1990 and was personally present at the time of execution and attestation of the said Will. During the course of his examination-in-chief, the applicant-witness has tendered 16 number of documents marked as Exhibit H, H-1, I, I-1, J, K, L, M, N, O, P, Q, Q-1, Q-2, Q-3 and R which, according to the petitioner, would demonstrate, establish and prove that Jain & Co., the firm in which his father Late Kamal Kumar Jain; his brother Ashok Kumar Jain and he were partners at the material time had dealt with the tax files of the said deceased as well as other members of the Mantri family.

(3.) It is submitted that during his cross-examination it was insinuated and suggested on behalf of the defendant Nos. 1(a), 1(b) and 1(c) that Pradeep Kumar Jain in his professional capacity, had personally not dealt with such files and nothing whatsoever to do with the tax files of the Mantris, particularly the tax files of the deceased. The application refers to Question Nos.2, 3 & 9 to 24 of the examination-in-chief and Question Nos.71, 72, 76, 88, 89-96, 122, 124 and 223 of the crossexamination of the witness which are reproduced hereinbelow:-