2002, khatha / property extract / EC not filed for identification of the property. The alleged deed executed by defendant No.1 in favour of her son defendant No.2 dated 31-01-2020 was executed much prior to the filing of the present suit. When the office has specifically raised objection of non production of the said documents, plaintiff should have been alert, must have gone through the said documents that could reflect the execution of the said Gift Deed with respect to suit property in favour of defendant No.2. Plaintiff has not taken care of these things to show that he was not enough diligent in exercising his rights and discharging his duties properly. Moreover, in his plaint at paragraph No.12 plaintiff has specifically stated that defendant issued reply notice dated 17-03-2020 by disputing the agreement and she claims that there is a Will left by deceased B.Ramaiah and also it is stated that as per Gift Deed executed by defendant to one Sri Rudresh Raju.G impleaded as defendant No.2 herein, he became the owner of the suit schedule property. When defendant has specifically stated all these aspects in her reply to the plaintiff, plaintiff would have become vigilant in seeking remedy for the same. But he has not done so. He has not assigned any justifiable reasons as to what prevented him to make necessary correction to the plaint at least even after coming to know the documents sought by the registry for proceeding with the suit. But however, after going through all such objection raised by defendant No.2, proper steps not taken by the plaintiff at the threshold at the time of filing of the suit, etc., yet it. It appears at this stage that the stage in the suit is that evidence of the plaintiff is not yet commenced. The defendants No.1 and 2 are none other than mother and son and defendant No.1 being mother is said to have executed gift deed in favour of her son defendant No.2 on the strength of the Will dated 12-02-2001. Ultimately, the purpose is to secure justice and to dispose of the case on merits. Ultimately, the burden is upon the plaintiff who has approached the court seeking certain reliefs to prove
