- (1.) Heard learned counsel for the parties. This writ petition is directed against the order dated 8.10.2013 passed by the trial court, whereby the application filed by the respondents-plaintiffs under Order XI, Rule 12 CPC (though wrongly titled as Order VIII, Rule 12 CPC) has been allowed and application under Order VI, Rule 17 CPC and Order I, Rule 10 CPC have been partly allowed.
(2.) It is submitted by learned counsel for the petitioner that the order impugned passed by the trial court, whereby the trial court has allowed the application under Order VIII, Rule 12 CPC despite the fact that no provision like Order VIII, Rule 12 CPC exists on the statute book, deserves to be quashed on this count alone.
(3.) Having considered the submissions made by learned counsel for the petitioner, it is apparent from the tenor of the application filed by the respondent and the order passed by the trial court that the application was in fact under Order XI, Rule 12 CPC and looking to the facts and circumstances of the case, it cannot be said that the trial court committed any error in directing the petitioner in producing the original Will before the trial court, a photocopy whereof was already on record of the trial court.;