- (1.) This petition is filed against the order dated 30.04.2012, dismissing the application of defendants no.1 to 3 and 5, filed under Order 13 Rules 3 and 6 of the Code of Civil Procedure, 1908 (for short "CPC") for de-exhibiting the document Ex.P1, i.e. the Will dated 05.01.1958.
(2.) In brief, the plaintiff-respondent no.1 filed a suit for declaration that he is owner in possession of the land measuring 15 kanal 4 marlas, falling in khewat no.98, khatauni no.276, khasra nos.16R/18 and 23, situated at village Gujjarpura, Hadbast No.265, Tehsil Batala and also prayed for consequential relief of possession and permanent injunction restraining the defendants from alienating the suit land. The plaintiff has set up his title over the property in dispute on the basis of the Will dated 05.01.1958, purported to have been executed in his favour by Atma Singh. The defendants filed an application under Order 7 Rule 14, Order 11 Rule 15 and Section 151 of the CPC alleging that neither the plaintiff has placed on record the Will dated 05.01.1958 nor a copy thereof has been supplied, therefore, in the absence thereof, the defendants are not in a position to prepare their written statement. The said application was disposed of by the Trial Court on 18.03.2008 with the following order:- "Heard on the application filed by the defendants under Order 7 Rule 14 and under Order 11 Rule 15 and Section 151 CPC. It is argued by counsel for the defendants that the plaintiff has relied upon Will dt. 5.1.1958 alleged to have been executed by Atma Singh deceased in favour of the plaintiff. It is submitted that the plaintiff be directed to produce on the record the original Will dated 5.1.1958 and also to supply copy of the same to the defendants. On the other hand, it is argued by counsel for the plaintiff that photocopy of the said Will is already on the record and he will produce the original Will at the time of evidence though he is ready to supply the copy of the same to the counsel for the defendants. As the counsel for the plaintiff has failed to place on record the original Will dated 5.1.1958 on the record, the application in hand stands disposed of. However, necessary inference will be drawn due to non production of the original Will dated 5.1.1958 by the plaintiff at the relevant time. Now to come up on 19.4.2008 for filing the written statement."
(3.) After the pleadings were over, the Trial Court framed the issues on 04.09.2009 and during the evidence, the plaintiff tendered his affidavit in his examination-in-chief and exhibited the alleged Will dated 05.01.1958 as Ex.P1. The petitioners then filed an application under Order 13 Rules 3 & 6 read with Section 151 of the CPC for de-exhibiting the document Ex.P1 alleging that since in its order dated 18.03.2008, the Court had already observed that the necessary inference shall be drawn due to non production of the original Will at the relevant time, therefore, the plaintiff has no right to produce/tender the Will in his evidence, in view of the Order 7 Rule 14, Order 11 Rule 15 and Section 151 of the CPC. The said application has been dismissed by the Trial Court on 30.04.2012.;