MANDAKINI NAIK Vs. G K NAIK

JUDGEMENT

(1.) There review petitions were filed by the revision petitioner in CRP Nos.3982 and 4349 of 2003 respectively against a common order dated 3.3.2004 passed by this Court.

(2.) The review petitioner is same in both the revisions. She filed the revision petitions against the order dated 17.6.2003 passed by the II Additional Senior Civil Judge, City Civil Court, Hyderabad and the order dated 25-7-2003 in review petition covered by IA No.788 of 2003 in OS No.821 of 1986. The review petitioner is the sixth defendant in OS No.821 of 1986 filed for partition of the suit schedule property. The review petitioner while getting herself examined as DW2 sought to mark two documents describing them as 'Wills'. The II Additional Senior Civil Judge, City Civil Court, Hyderabad passed an order on 17-6-2003 upholding the objection raised by the plaintiff and rejected to receive those documents in evidence. Against the said order, the review petitioner filed review petition covered by IA No.788 of 2003 under Order 47, Rule 1 CPC before the Trial Court, requesting to review the order dated 17-6-2003. The Trial Court dismissed the review petition on 25.7.2003 and the review petitioner being aggrieved by the orders of the Trial Court filed the above revision petitions in respect of two documents, which were described as 'Wills' Since both the revision petitions relate to the same point, both the revision petitions were clubbed and a common order dated 3.3.2004 was passed by this Court.

(3.) The review petitioner contended in the revisions that the documents filed before the Trial Court ought to have been treated as 'Wills' by taking into consideration the intention of the testator, the back ground of the parties and the contents of the documents irrespective of the absence of two essential ingredients. She further contended that the absence of certain recitals in the document does not invalidate the same. She, therefore, requested to direct the Trial Court to receive the documents subject to objection, if any, at the time of marking of those documents.