1994 Supreme(Raj) 596
N.C.KOCHHAR
Surendra Bhatia – Appellant
Versus
Poonam Bhatia – Respondent
JUDGMENT
1. - The petitioner wants to prove that Shri Sudarshan Kumar Bhatia (the deceased), the late husband of the respondent No. 1 and the father of the respondent No. 2 and who was the brother of the petitioner, had executed a will while he was staying at Frank-furt in Germany in presence of Mrs. Brigitte Rosmarie Goerke, resident of Bohmerstrassee 5,6000 Frank-furt am Main, West Germany and Dr. Ury Fehr, resident of Wilhelm-Busch-Strass 16, 6096 Raunheim, West Germany,whereby he had bequeath his property in favour of the petitioner and the respondent No. 2. The genuineness of the will is in dispute and, in order to prove that the will propounded by the petitioner is the last will and testament of the deceased, the petitioner wants to examine the above said two witnesses as the attesting witnesses of the will. The learned trial court directed the petitioner to procure the attendance of the witnesses, but, he having failed to do so, his request for their examination was rejected vide the impugned order dated 30-7-1993. Hence this revision petition by the petitioner.
2. It has not been disputed before me that the above said witnesses are residents of Germany and are not within the
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