FATEH SINGH Vs. ADDITIONAL CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) By way of the present writ petition the petitioner has challenged the communication dtd. 11/10/2021 sent by Senior Civil Judge and Additional Chief Judicial Magistrate, Mount Abu (hereinafter referred to as the 'Judicial Court') to learned Sub Divisional Officer, Mount Abu (hereinafter referred to as the 'Revenue Court') whereby the precept dtd. 13/9/2021 for summoning the original will dtd. 2/1/1982 has been turned down inter alia stating that the concerned Revenue Court has not cited any provision of law under which the original will can be sent to the Revenue Court.

(2.) Precisely stated, facts germane to the present writ petition are that one Narendra Singh Bhati had instituted a suit for declaration of his tenancy rights on the basis of a will, while impleading Fateh Singh father of the present petitioner No.1/1 as a respondent.

(3.) During the suit proceedings, one witness - Praveen Chand Shah appeared in the witness box and deposed that he will be in position to identify his signature as witness in case the original will dtd. 2/1/1982 executed by Smt. Alis Diana Wordsworth is placed before him.