SBCWP No.1607/2009
Mahi Ram Vs. Maniram & Ors.
1
SBCWP No.1607/2009
Mahi Ram Vs. Maniram & Ors.
DATE OF ORDER : - 20.3.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr. Rakesh Arora, for the petitioners.
Heard learned counsel for the petitioner.
The petitioner is aggrieved against the order dated
4.2.2009 by which his prayer for summoning the Will was
denied by the trial court.
It appears from the facts of the case that petition for
obtaining the succession certificate was submitted in the
trial court in the year 1996. The petitioner became party in
the said proceedings on the basis of the Will in his favour.
After closure of the evidence of the applicant, the petitioner
submitted application for summoning of the Will from the
Police as the will in question was taken in custody by the
Police in a case registered as back as in the year 1999.
Apparently, the application is delayed as that was the
foundational document of the petitioner, which should have
SBCWP No.1607/2009
Mahi Ram Vs. Maniram & Ors.
2
been filed along with the application for becoming party or
copy of which should have been filed .
In the facts and circumstances of the case, I do not
find any reason to interfere in the impugned order. Hence,
the writ petition of the petitioner is dismissed.
(PRAKASH TATIA), J.
c.p.goyal/-