Mahendra Chutia v. Kukheswari Das and 12 Ors

ORDER

27.05.2024

Heard Mr. R Sarma, the learned counsel appearing on behalf of the petitioner.

¶2This is an application under Article 227 of the Constitution challenging the order dated 24.03.2023 passed in Petition No.317/2023 arising out of Misc. (L.A) Case No.2/2019 whereby the application under Order VII Rule 14 of the Code of Civil Procedure, 1908 (for short, the Code) was rejected. Page No.# 6/7

¶3This Court has duly taken note of the Office Note dated 06.12.2023 which shows that the service upon the respondent Nos.1 to 13 by usual steps have been duly effected. Taking into account the above, this Court takes up the instant proceedings for disposal at this stage.

¶4The instant application as stated above is an application by which the learned District Judge, Lakhimpur, North Lakhimpur had rejected the application under Order VII Rule 14 of the Code to produce the death certificate issued on

06.02.2023 as well as the original will. This Court had taken note of that at the time of filing the application seeking probate which has been registered as Misc. (L.A) Case No.2/2019, the petitioner herein had duly enclosed the photocopy of the certified copy of the original will. It is also seen that the death certificate of the testator was obtained on 06.02.2023 i.e. during the pendency of the said proceedings. However, the learned District Judge, Lakhimpur, North Lakhimpur did not take into consideration the contents of paragraphs 2 and 3 of the application wherein due reasons were assigned as to why the original will of the testator could not be produced at the time of filing of the probate application as well as the fact that the death certificate was only obtained on 06.02.2023.

¶5Taking into account the above, this Court is of the opinion that the impugned order dated 24.03.2023 suffers from jurisdictional error and accordingly the same stands set aside.

¶6This Court further grants leave to the petitioner to produce the original will Page No.# 7/7 as well as the death certificate dated 06.02.2023. This Court also takes note of that vide order dated 24.05.2023, the proceedings in Misc. (L.A) Case No.2/2019 has been stayed. The said stay order stands vacated.

¶7It has been informed by Mr. R Sarma, the learned counsel appearing on behalf of the petitioner that the next date is fixed on 31.05.2024 before the Court of the learned District Judge, Lakhimpur, North Lakhimpur. On the said date, the learned Court shall permit the petitioner to produce the original death certificate as well as the original will on the basis of the leave so granted vide this instant order and further proceed with the said proceedings in accordance with law.

¶8The instant revision petition, accordingly, stands disposed of.

JUDGE Comparing Assistant

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