The High Court dismissed a writ petition challenging an order that allowed the belated production of a Will in a partition suit, holding that the document was relevant to the defense and the trial court correctly exercised jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2025:RJ-JP:46831]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 16879/2025
Rambabu Singhal S/o Late Shri Khubiram Mahajan, aged about 71 Years, R/o Shiv Colony, Khairthal Road, Kishangarh-Bas, Tehsil Kishangarh-Bas, District Alwar, Raj. ----Petitioner
7/1 Rakesh S/o Late Dropti, Nawasa Late Shri Khubiram, R/o Kishangarh-Bas, Tehsil Kishangarh-Bas, District Alwar (Raj.)
7/2 Kavita D/o Late Dropti, Nawasi Late Shri Khubiram, R/o Kishangarh-Bas, Tehsil Kishangarh-Bas, District Alwar (Raj.) ----Respondents
For Petitioner(s) : Mr. Vikash Kumar Jakhar For Respondent(s) :
HON'BLE MR. JUSTICE MANEESH SHARMA
Order
20/11/2025
[CW-16879/2025]
[2025:RJ-JP:46831]
(2 of 3)
Singhal vs. Sanjay & Ors., whereby the learned Court below allowed the application filed by the respondents under Order 8 Rule 1 (3) read with Section 151 CPC.
[2025:RJ-JP:46831]
[CW-16879/2025]
(3 of 3)
the petitioner and the defence of the defendants is that the property has already been partitioned and the late Sh. Khubi Ram had already executed the Will ; the aforesaid document i.e. Will dated 25.03.1997 appears to be relevant for adjudication of the lis; therefore, the learned Court below has not committed any illegality, perversity, or jurisdictional error in passing the impugned order.
(MANEESH SHARMA),J
DEEPA-1
2 issues framed by the court
Whether the trial court committed illegality in permitting the belated filing of a Will under Order 8 Rule 1(3) read with Section 151 CPC?
Whether the trial court correctly imposed cost for the delay in producing the Will?
1 provisions across 1 enactments
Rambabu Singhal
Suresh Singhal
Rajendra Singhal
Sanjay Singhal
Jagdish Prasad Singhal
Om Prakash Singhal
MANEESH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
