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DINESH MEHTA
Lrs of Fateh Singh – Appellant
Versus
Additional Chief Judicial Magistrate – Respondent
ORDER
1. By way of the present writ petition the petitioner has challenged the communication dated 11.10.2021 sent by Senior Civil Judge and Additional Chief Judicial Magistrate, Mount Abu (hereinafter referred to as the 'Judicial Court') to learned Sub Divisional Officer, Mount Abu (hereinafter referred to as the 'Revenue Court') whereby the precept dated 13.09.2021 for summoning the original will dated 02.01.1982 has been turned down inter alia stating that the concerned Revenue Court has not cited any provision of law under which the original will can be sent to the Revenue Court.
2. Precisely stated, facts germane to the present writ petition are that one Narendra Singh Bhati had instituted a suit for declaration of his tenancy rights on the basis of a will, while impleading Fateh Singh father of the present petitioner No.1/1 as a respondent.
3. During the suit proceedings, one witness - Praveen Chand Shah appeared in the witness box and deposed that he will be in position to identify his signature as witness in case the original will dated 02.01.1982 executed by Smt. Alis Diana Wordsworth is placed before him.
4. Hence, the present petitioners (defendants) moved an application und
Revenue Courts have the authority to summon documents from Judicial Courts under the provisions of the CPC as per the Rajasthan Tenancy Act.
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
A party cannot introduce additional evidence at the appellate stage if it was not presented during the trial despite due diligence; original documents must be properly proven as per statutory require....
A will must be legally proved before names can be mutated in revenue records; the authority to adjudicate on its authenticity lies only with civil courts.
A Will must be duly proved as per legal requirements before it can authorize mutation in revenue records; revenue authorities lack jurisdiction in title matters.
Title can be acquired by virtue of Will and name can also be mutated in revenue records irrespective of fact as to whether there is any rule in that regard or not.
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