RAMBHA BAI & ORS. Vs. NANIBAI & ORS.

JUDGEMENT

(1.) The petitioners have filed the present petition under Article 227 of the Constitution of India challenging the order dated 5/10/2019, passed by IInd Civil Judge, Class-II, Khachrod(M.P.) in Civil Suit No.1A/18 thereby, dismissing the application preferred by the petitioners.

(2.) The respondent No.2, who is plaintiff before the Court below has filed a suit for declaration and permanent injunction against the petitioners with regard to land bearing Survey No.750 Rakba 2.250 hectare situated at village Lekoda Anjana, Tehsil Nagda, District Ujjain(M.P.).

(3.) The defendants/petitioners has filed their written statements in the suit. That, during pendency of the said suit, the petitioners have filed an application under Order 13 Rule 10 of C.P.C. before the Court below for calling of the record related to the registered "Will" from the Registrar Office, Khachrod. The application has been filed with the contention that the suit has been filed on the basis of a "Will". It is further contended that various overwriting are there in the "Will" and it appears that the overwriting was done after its registration and, therefore, the original record related to the alleged "Will" is required to be summoned. It was specifically contended that since the "Will" is not a public document, they cannot obtain the certified copy of the same.