PRADEEP KUMAR Vs. DINESH KUMAR SRIVASTAVA

JUDGEMENT

(1.) IN pursuance of the public notice issued by this Court inviting litigant to come and argue their case in absence of their counsel, Mr. Pradeep Kumar, the petitioner No. 1, has appeared before this Court. The petitioners have challenged the order dt. 24.9.2013 passed by the Additional District Judge No. 2, Sikar, whereby the learned Judge has allowed an application filed under Order 16 Rule 6 read with Section 151 CPC filed by the respondent -plaintiff and has summoned the Will dt. 24.10.1970 executed by a lady doctor Grace Harris from the office of Sub -Registrar, Sikar.

(2.) MR . Pradeep Kumar has pleaded that since the Will is not connected with the dispute involved in the civil suit, the learned Judge should not have summoned the said document. Therefore, the learned Judge has erred in invoking his power under Order 16 Rule 6 CPC. Hence, the impugned order deserves to be set aside.

(3.) ORDER 16, Rule 6 is as under: - -