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Judgment
11 paragraphs · 204 wordsSanjay K. Agrawal, J
The petitioner / plaintiff's application under Order 7 Rule 14 of C.P.C. for producing the death certificate of witnesses of Will was rejected by the
trial Court by order dated 19.06.2018 on the ground of delay against which this writ petition has been filed.
Learned counsel for the petitioner submits that the impugned order is unsustainable and bad in law and is liable to be set aside.
I have heard learned counsel for the petitioner.
The application filed by the petitioner for taking the document on record enclosing the death certificate of Shiv Mangal Prasad and Rambhau has
been rejected by the trial Court on wholly untenable grounds which in the considered opinion of this Court is just and proper for the expeditious
disposal of the suit. Therefore, the application filed by the petitioner under Order 7 Rule 14 of the C.P.C. is allowed and the impugned order is hereby
set aside. However, the respondents / defendants would be at liberty to produce rebuttal documents, if any, and also to move an application for
modification of this order, if they are aggrieved.
With the aforesaid observation, the writ petition stands finally disposed of. No cost(s).