SHANTI SWARUP Vs. PREM KUMARI CHADHA

JUDGEMENT

(1.) This is a plaintiffs revision. On 20.10.1986 trial Court allowed the plaintiff to get the Will set up by the defendant to be examined from General Manager, India Security Press Nasik on deposit of Rs. 50.00. Plaintiff did not deposit the requisite amount and instead made an application 16.2.1 seeking permission to deposit the amount on that day. The said application has been declined by the trial Court on the ground that the plaintiff is trying to delay the matter unnecessarily and that he should have deposited the amount in pursuance to the order passed by the Court on 20.10.1986. The petitioner has come up in revision before this Court.

(2.) Learned counsel for the petitioner has argued that since the evidence of the parties had not been concluded, he should have been permitted by the Court to deposit the necessary expenses for getting the report from the Master Security Press, Nasik. In the interest of justice, the petitioner is permitted to the document (Will set up by the defendant) examined from Master Security Press Nasik. The suit is pending since 1981 in the trial Court. So instead of sending the said document to Master Security Press, Nasik. for being examined, I deem it proper if some official of the Court is sent to Nasik along with the Will to be examined by the Master Security Press, Nasik. Trial Court is directed to depute an official of the Court to go to Nasik along with the will and get the same examined from Master Security Press, Nasik and obtain report at the earliest. Plaintiff shall bear all the expenses in this regard. Parties through their counsel are directed to appear before the trial Court on 31.1.1991 on which date, the trial Court shall pass the requisite orders. Trial Court is directed to proceed in the suit on day today basis after the receipt of the report from Master Security Press, Nasik. Dismissed. No costs. Ordered accordingly.