HRIDAY NARAYAN CHOUBEY Vs. SATYA NARAYAN CHOUBEY

JUDGEMENT

(1.) Heard learned counsels for the respective parties on the point of admission and I intend to dispose of the instant petition at the stage of admission itself.

(2.) The instant petition has been filed by the petitioner under Article 227 of the Constitution of India for setting aside the order dtd. 8/2/2017 passed by the learned Additional District Judge-4th, Kaimur at Bhabua in Probate Case No.15 of 2012/15 of 2016 whereby and whereunder the learned Additional District Judge dismissed the petition of the petitioner dtd. 11/1/2017 filed for recalling the order dtd. 4/1/2017 by which the evidence of the plaintiff/petitioner was closed.

(3.) The learned counsel for the petitioner submits that the petitioner filed a case for probate of Will of one Laxmi Pandey vide Probate Case No. 19 of 1988. The respondents appeared and challenged the Will. While the evidence of the petitioner as plaintiff was being recorded after recording of the evidence of two witnesses, on 4/1/2017, the evidence of the plaintiff/petitioner was closed. The petitioner filed a petition on 11/1/2017 for recalling the order dtd. 4/1/2017 which has been rejected by the learned trial court vide the impugned order dtd. 8/2/2017.