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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
BIPIN CHANDER NEGI
Harish Kumar – Appellant
Versus
Naresh Kumar – Respondent
| Table of Content |
|---|
| 1. suit declares will invalid; evidence closed after issues framed. (Para 1 , 2 , 3 , 4 , 5) |
| 2. belated original will production application dismissed by trial court. (Para 6 , 7 , 8) |
| 3. belated relevant documents producible before arguments conclude. (Para 9 , 10 , 11 , 12) |
| 4. missed opportunities for secondary evidence bar late production. (Para 13 , 14 , 15) |
| 5. procedure aids justice; lapses noted but not deliberate. (Para 16 , 17 , 18) |
| 6. core dispute document allowed with costs for justice. (Para 19 , 20 , 21) |
| 7. article 227 corrects miscarriage by permitting will evidence. (Para 22 , 23 , 24) |
JUDGMENT :
Bipin Chander Negi, J.
By way of the present petition, a challenge has been laid to order dated 19.03.2025, passed by the learned Senior Civil Judge, Rampur Bushahr, District Shimla, HP in CMA No.23 of 2025, whereby an application filed under Order 8 Rule 1A(3) read with Section 151 CPC by the petitioner/defendant has been dismissed.
2. Heard counsel for the parties, perused the impugned order and documents appended along with the present petition.
3. The respondent/plaintiff, in the case at hand, has filed a suit for declaring the Will No.16/2017 dated 17.03.2017 regis
Belated production of original document central to dispute allowed post-evidence if relevant to real controversy, to serve justice in family Will dispute, subject to costs and limited proof opportuni....
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
Order VII Rule 14 CPC and Evidence Act Sections 65(a), 45 cannot be used belatedly to fill evidentiary lacunae; requires due diligence, notice, authentication; no supervisory interference absent perv....
The propounder must prove the existence and loss of the original Will to obtain Letters of Administration; reliance on a photocopy alone is insufficient.
Point of Law : Procedural and technical hurdles should not be allowed to come in the way of the Court while doing substantial justice.
Civil Law – Secondary Evidence – Reliability of - A party to lis may choose to file an application which is required to be considered by trial court but if any party to suit has laid foundation of le....
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