RAJIB BAROOAH Vs. HERNENDRA PRASAD BAROOAH

JUDGEMENT

(1.) This revision is directed against the order dated 23-11-92 passed by the District Judge, Jorhat, in Misc (J) Case No. 132 of 1992, arising out of Title Suit No. 12/92, rejecting the petition under Order 19 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure filed by the petitioners (plaintiffs) for production of seven persons mentioned in the petition, for cross-examination.

(2.) The facts for the purpose of the Case may be briefly stated as follows :

(3.) In the Will it was further mentioned that her personal liabilities, such as, income-tax, wealth-tax, estate duty and other taxes and rent etc. would be first paid out of the funds of the estate. Thereafter, the entire residual property either cash or in the form of properties or both would go to the Trust created for the benefit of beneficiaries mentioned in the Trust deed. The fist and second opposite party were made executors of the Will. The third opposite party was inducted as third trustee in the aforesaid trust bythe opposite party No. 1 in the year 1989. By order dated 23-2-80 the District Judge granted letter of administration.