High Court of Judicature at Allahabad
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Dinesh Chandra v. Rajeev Verma And Others - WRIT - C No. 36477 of 2006  RD-AH 11405 (13 July 2006)
Court No. 24
Civil Misc. Writ Petition No. 36477 of 2006
Dinesh Chandra ...................... ........Petitioner.
Sri Rajeev Verma & others ......... Respondents.
Hon'ble B.A. Zaidi, J.
1. Heard Sri Vijai Prakash Yadav, learned counsel for the petitioners in this writ petition, who happens to be the defendant no. 2 in Original Suit No. 567 of 2001 ( Rajeev Sharma and others Vs. Smt. Shankari Devi and others).
2. As will appear from the record, she has moved an application before the Trial Judge i.e. 6th Addl. Civil Judge ( Jr. Div.), meerut in the afore noted suit with a prayer that the Defendant Smt. Nirmala Devi be directed to produce the original Will, which was in her possession. The learned Civil Judge, Meerut dismissed the application saying that it was not necessary at this stage, holding the application thus pre-mature. The respondent no. 2 challenged this order before the Revisional Court by means of filing Revision No. 61 of 2005.
3. The grouse of the petitioner is that initially the Revisional Court admitted the Revision after hearing both the parties but ultimately dismissed the revision as being not maintainable and that is how this writ petition.
4. Without addressing to the issue of the maintainability, after perusing the entire record, I find the writ petition merit-less. As will appear there was no stage at present for calling upon the defendant Nirmala Devi to file the Will if she did possessit, which has also been held by the Trial Civil Judge. Once issues are framed or when Smt. Nirmala Devi enters the witness box, this question may arise. At this stage, this controversy being premature must be scuttled down at the threshold
5. Writ dismissed.
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