ratio in the decision (supra) is not applicable to the facts of the instant case. However, the learned counsel for the plaintiffs supported the orders of the Court below. As per procedure and rules of practice, all parties including the defendants shall serve on the other side a copy of each of the documents they intend to rely upon before filing such documents into Court, unless otherwise ordered by the Court. It is not the case of the defendant herein that a copy of the Will or a copy of the photostat copy of the Will filed into Court is served upon the plaintiffs. The plaintiffs, who are not supplied with a copy of the Will filed by the defendant, are entitled to obtain a certified copy of the said Will. Coming to the aspect as to whether the certified copy of the Will, which is not exhibited, can be granted, it is trite to note that in the decision relied upon by the learned counsel for the plaintiffs (supra), this Court had held that in the absence of any express rule prohibiting grant of certified copies, the Court would not be justified in refusing to grant certified copies of the documents and that so long as the documents are in the custody of the Court, whether they are marked as exhibits or not, the Court is bound to grant certified copies thereof provided those are not documents, the certified copies of which cannot be granted. Viewed thus, this Court finds that there are no impediments either under facts or in law for granting a certified copy of the Will to the plaintiffs.
