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2011 Supreme(Cal) 884

PRASENJIT MANDAL
Ajit Mohan Pal – Appellant
Versus
Reba Pal – Respondent


Advocates Appeared:
Dipta Bhanu Dutt, Prasanta Bishal, Ajit Kumar Das

JUDGMENT

Prasenjit Mandal, J.

1. CHALLENGE is to the Order VII Rule 14(3) of the Code of Civil Procedure passed by the learned Additional District Judge, 14th Court, Alipore in O.S. No.7 of 2006. Question is whether the production of document is permissible at the stage of argument of the suit.

2. THE petitioners filed an application for probate under Section 276 of the Indian Succession Act in respect of a Will left by Late Prativa Pal. THE opposite party nos.1 to 3 raised an objection and as such, the said probate application was converted into O.S. No.7 of 2006 and it is pending before the learned Additional District Judge, 14th Court, Alipore. By the impugned order, the learned Trial Judge rejected the prayer for production of document under Order 7 Rule 14(3) of the C.P.C. Being aggrieved, the plaintiff has preferred this application. Now, the question is whether the impugned order should be sustained.

Upon hearing the learned counsel for the parties and on going through the materials on record, I find that the opposite party nos.1 to 3 are contesting the said O.S. No.7 of 2006. Accordingly, both the parties to the suit have adduced evidence in respect of their respective conten





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