JUDGMENT

M.M. DAS, J.

This appeal has been filed against an order dated 16.01.2012 passed in I.A. No.32 of 2011 arising out of C.S. No.105 of 2011 by the learned Civil Judge (Senior Division), Titlagarh by which, the said I.A. was dismissed.

2. Facts of the case in brief are that the appellant as plaintiff filed the suit, being, C.S. No.105 of 2011, for declaration that the suit schedule property is the joint family property of the parties and for a further declaration that the registered WILL bearing No.124 dated 24.11.2004 executed by Bhagabati Bai Kejriwal, as void and for permanent injunction.

3. The case of the appellant as plaintiff is that the respondent – defendant, with an intention to grab the entire suit property and to deprive the plaintiff and the other defendants in the suit in a fraudulent manner, manufactured the WILL dated 24.11.2004 purported to have been executed by late Bhagabati Bai Kejriwal, while she was bed ridden, who subsequently died on 26.03.2008. The plaintiff further pleaded that the defendants 1 and 2, i.e., the present respondent, who is defendant No.1 in the suit connived with defendant No.2 in not allowing late Bhagabati Bai Kejriwal to manage the