Norbert D'Souza v. Mrs. Regina Lewis
Case brief
What is this about?
Karnataka HC Bengaluru | W.P. No.2123/2020 (GM-CPC) | Article 227 | Vijaykumar A. Patil J. | 01-07-2025 | certiorari against Additional Senior Civil Judge, Udupi order dt. 02.01.2020 on I.A.No.20 in O.S.2/2011 | belated application under Order XVI Rule 1 & Section 151 CPC to condone delay and examine additional witnesses to prove Will (dt. 11.11.2009) of deceased Anthony | rejection solely for belated filing set aside | I.A. allowed subject to Rs.5,000 cost to R1-R4 | witnesses to be examined without unnecessary adjournment | declaration of ownership suit | probative evidence of Will.
What did the court decide?
Writ petition allowed; impugned order dated 02.01.2020 passed on I.A.No.20 in O.S.No.2/2011 set aside; I.A.No.20 allowed subject to payment of cost of Rs.5,000/- by the petitioners to respondent Nos.1 to 4; petitioners permitted to examine the listed witnesses without seeking unnecessary adjournment before the Court.