MUKUL RANI DEB Vs. HARIPADA DEB

JUDGEMENT

(1.) RESPONDENT Nos. 1 and 2 herein instituted Title Suit No. 50 of 2006 seeking declaration of not only their rights and title over the suit land, but also cancellation of the will, claimed to have been executed by Smt. Rajlaxmi Deb (since deceased), mother of the petitioner No. 1 herein and respondent Nos. 1 and 2 herein.

(2.) THE petitioners herein appeared, as defendants, in the suit and filed their written statements, wherein they denied and disputed the allegations made by the plaintiffs (i. e. , the respondent Nos. 1 and 2 herein)against the genuineness and/or validity of the said will.

(3.) IN course of time, when the suit reached the stage of evidence, the respondent nos. 1 and 2, as plaintiffs, submitted their examination-in-chief on affidavit. Thereafter, the petitioner No. 1. who was one of the defendants in the suit, also submitted his examination-in-chief on affidavit. Before cross-examination of the plaintiffs (i. e. , respondent Nos. 1 and 2 herein) could have commenced, the petitioner No. 1 herein filed an application in the suit on 25-1-2008, praying for allowing her to submit her further examination-in-chief by way of additional affidavit. With this application, an affidavit, containing further examination-in-chief of the petitioner No. 1 herein, was filed by the petitioner No. 1. By order, dated 25-1-2008, learned trial Court rejected the prayer for filing of the said additional affidavit on the ground that the examination-in-chief, by way of affidavit of the petitioner, had already been received and there was no provision for acceptance of examination-in-chief on additional affidavit. It is the order, dated 25-1-2008, aforementioned which stands impugned by the present petitioners by making this application under Article 227 of the Constitution of India.