BHARAT BHUSHAN AHUJA Vs. KIRAN SACHDEVA

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India has been filed challenging the order dtd. 13/1/2017 whereby the evidence of the defendant-petitioner was closed and order dtd. 13/2/2017 vide which the application filed by the defendant-petitioner for leading secondary evidence was dismissed.

(2.) The brief facts relevant to the present lis are that the plaintiffrespondent no.1 filed a petition under Sec. 372 of the Indian Succession Act, 1925 for issuance of Succession Certificate regarding the detailed debts and securities of Mulakh Raj Ahuja, the father of the defendant-petitioner as well as the plaintiff-respondent no.1. In response to the said petition, the defendant-petitioner filed his written statement propounding a Will. An application was filed by the plaintiff-respondent no.1 for production of the original Will alleged to have been executed by Mulakh Raj Ahuja. In response to the said application, the defendant-petitioner stated that the original Will was kept in Locker No.88 maintained by State Bank of India, G.T. Road, Main Branch, Panipat in the joint names of Mulakh Raj Ahuja and one Paramjeet Singh. It was further stated that the defendant-petitioner is the only legal heir of Mulakh Raj Ahuja and after his death he approached the Bank, however, he was not allowed to operate the locker and, hence, the defendant-petitioner was unable to produce the original Will. The said application was disposed off by the Trial Court vide order dtd. 21/9/2016 wherein an undertaking was recorded on behalf of the defendant-petitioner that as and when he comes in possession of the Will after permission to operate the locker is granted, the same would be produced before the Trial Court. The evidence of the defendant-petitioner was closed vide impugned order dtd. 13/1/2017 since despite numerous opportunities evidence was not led. Thereafter, an application for leading additional evidence by way of secondary evidence was filed by the defendant-petitioner which was also dismissed vide the impugned order dtd. 13/2/2017.

(3.) On 11/10/2018 the following order was passed by this Court :