SARALABEN CHANDRAKANT JIVANI Vs. CHAMPABEN HANSRAJ JIVANI

JUDGEMENT

(1.) RULE. Mr. R. D. Dave, learned counsel, waives service of notice of rule for the respondents. In the facts and circumstances of the case, this petition is being heard and decided today.

(2.) THIS petition has been preferred under Articles 226 and 227 of the Constitution of India with a prayer to quash and set aside order dated 8-7-2008 (wrongly mentioned as 8-7-2005 in the prayer clause)rendered by the 6th Fast Track Court,junagadh under Application at exh. 25 in Regular Civil Appeal No. 10 of 2006, whereby the said application of the petitioners for production of additional evidence in the appellate Court, has been rejected.

(3.) THE brief facts of the case, relevant to the decision of the petition are that, the petitioners filed Misc. Civil Application No. 6 of 2001 for grant of a Succession Certificate from the Civil Court, Junagadh. Petitioner No. 1 claims to be the widow of late Shri Chandrkant Hansraj Jivani and petitioner No. 2 is the son of petitioner No. 1,who is stated to have been born out of the said wedlock. The said application of the petitioners has been rejected by the Trial Court by judgment and order 11-7-2005. The petitioners filed an appeal against the said order, which is pending before the lower Appellate Court, being Regular Civil Appeal No. 10 of 2006. During the pendency of the appeal, the petitioner filed the application at Exh. 25 on 28-4-2008, for production of additional evidence, which has been rejected by passing the impugned order, hence the petition.