DILBAG RAI Vs. TARA CHAND

JUDGEMENT

(1.) Challenge herein is to an order passed by learned Civil Judge (Junior Division), Court No. III, Una in an application under Order 8 Rule 1-A read with Section 151 CPC, registered as Civil Miscellaneous Application (Civil Suit RBT No. 296/07/2005) No. 293 of 2013, whereby the application has been dismissed and the permission sought by the petitioners-defendants to place on record of the main suit the original Will, was declined.

(2.) The respondent-plaintiff has filed a suit for declaration to the effect that mutation No. 312 and 271 attested on the basis of Will dated 6.4.1998 being illegal, null and void is not binding upon him. The petitioners-defendants in written statement to the suit have set out a case in their defence that land in dispute has been bequeathed in their favour by a Will dated 6.4.1998. A photocopy of the Will has also been placed on record of the suit along with the written statement.

(3.) In an application filed by the respondent-plaintiff for production of the original Will, the stand taken on behalf of the petitioners-defendants was that the same is misplaced. They, however, themselves subsequently filed an application for placing on record the original Will and in order to explain the delay for placing on record the same, it has been submitted that they were under the impression that the Will in question is required to be produced at the time of leading evidence. It is thus seen that the petitioners-defendants had taken contrary stand viz. initially the original Will being misplaced was not available with them and subsequently that they were under the impression of its production at the time of producing evidence in the main case. Taking into consideration such contradictory stands taken by the petitioners-defendants qua this aspect of the matter, learned trial Court has dismissed the application.