VED RAM Vs. LOT RAM

JUDGEMENT

(1.) By way of this petition, the petitioners who are defendants before the learned trial Court, have assailed order dated 25.06.2019, passed by the Court of learned Civil Judge, Kullu, H.P. in Civil Miscellaneous Application No.200-VI/2014 in Civil Suit No.198 of 2014, titled as Lot ram and others Versus Ved Ram and others, vide which an application filed by the respondents herein under Order 7, Rule 14 of the Code of Civil Procedure, to produce the original Will, Parcha Jamabandi and certificate issued by Sub-Divisional Magistrate, Kullu, H.P., has been allowed by the learned Court below.

(2.) Learned counsel for the petitioners has argued that impugned order to the extent original Will has now been allowed to be placed on record per se is not sustainable in the eyes of law as while passing the said order, learned trial Court has erred in not appreciating that it was permitting the applicants to place on record a Will, executed by petitioner No.1 herein Ved Ram which stood revoked by him and which was not a relevant document for the decision of the suit. He has argued that as the testator of the Will was still alive, contents thereof had no force in the eyes of law and this extremely important aspect of the matter has been ignored by the learned trial Court while passing the impugned order.

(3.) On the other hand, learned counsel for the respondents/ plaintiffs submits that there was nothing wrong with the order which has been passed by the learned trial Court because as photocopy of the Will in issue was already on record, therefore, order passed by the learned trial Court, permitting the plaintiffs to place original on record cannot be faulted with.