HIDANGMAYUM DWIJASEKHAR SHARMA Vs. HIDANGMAYUM DEVASEKHAR SHARMA

JUDGEMENT

(1.) Heard Shri N. Surendrajit, learned Advocate appearing for the petitioner and Shri Th. Henba, learned Advocate appearing for the principal respondent.

(2.) The instant Civil Revision Petition is directed against the order dated 21.06.2017 passed by the learned District and Sessions Judge, Imphal West in Judl. Misc. Case No.14 of 2017 arising out of the Original (Probate) Suit No. 22/2000/3 of 2016 by which the application for amendment of the written statement was dismissed by it.

(3.) Fact and circumstances which have led to the filing of the instant Civil Revision Petition, are that on 04-04-1997, the principal respondent filed an Original (Probate) Suit No.22 of 2000 praying for grant of probate in respect of a Will executed by his late father, the testator. The petitioner filed his written statement raising various issues including the issue relating to the maintainability of the Will on the ground that certain properties which do not belong to the testator, have been included in the Will. Three issues were framed in the suit, of which one was as to whether the "Will" was a legally valid Will or not. The District and Sessions Judge, having found that the Will was executed by the testator on 04-04-1997, allowed and decreed the suit vide its judgment and order dated 24-05-2004 granting probate in favour of the principal respondent. Being aggrieved by the judgment and order of the learned District and Sessions Judge, the petitioner preferred an appeal being FAO No.4 of 2004 before the Hon'ble Gauhati High Court, Imphal Bench. Hardly a year later, the proforma respondent also preferred an appeal being FAO No.5 of 2005 against the same judgment and order. While the FAO No.4 of 2004 was pending, the petitioner filed an application being Misc. Case (FAO) No.4 of 2014 under Order VI Rule 17 of the CPC read with Section 268 of the Indian Succession Act, 1925 for amendment of his written statement.