Single judge of High Court of Rajasthan, Jaipur bench allowed an application for production of original Will as a document in civil court proceedings under inherent powers.
Registry directed to handover original Will to applicants and place certified copy on record.
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[2023/RJJP/006623]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Application No. 52/2023
Manohar Lal Dheengra Son Of Late Shri Sundardas Dheengra, Resident Of 8/8-A, Acharya Kriplani Marg, Adarsh Nagar, Jaipur.
----Petitioner
Versus
----Respondents
(2 of 2)
[2023/RJJP/006623]
[CMAP-52/2023]
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
13/04/2023
This application under Order 13 Rule 9 read with Section 151 CPC has been filed by the appellant for obtaining original documents (Will).
Learned counsel for the appellant submits that sole appellant filed an application under order 23 Rule 1 read with Section 151 CPC for withdrawal of the appeal pursuant to a Will dated 28.01.2020 executed by the original appellant. Original Will dated 28.01.2020 was annexed with the said application. The said application was allowed vide order dated 11.08.2020 and the appellant was permitted to withdraw the appeal which was dismissed accordingly. The applicants, who are legal heirs of original appellant require original Will dated 28.01.2020 for personal reasons but could not receive the same as the same is part of record. Learned counsel for the applicants submits that he has also filed the certified copy of the Will which may be taken on record and the original Will be given to the applicants.
The application is accordingly allowed.
Registry is directed to handover the original Will to the applicants and place certified copy of the same on record.
(NARENDRA SINGH DHADDHA),J
Seema/14
1 issue framed by the court
Whether to grant original documents (Will) to applicants after withdrawal of appeal.
2 provisions across 2 enactments
Manohar Lal Dheengra
Ashok Dheengra
Mukesh Kumar Dheengra
Indu Kalra
Laxmi @ Meera Nagpal
Renu @ Padma Devi
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
