The Andhra Pradesh High Court ruled that “the document being critical to the suit, an opportunity should be given to petitioner/defendant No.3 considering that the registered Will, if genuine, is the last testament of defendant No.1.”
This decision came while allowing a petition to quash the order dated 28.08.2023 passed by the Additional District Judge, which had rejected an application to receive a certified copy of the Registered Will dated 11.03.2011, despite the delay in filing the same.
Brief Facts:
The petitioner is defendant No.3. A suit was filed by respondent No.1 herein seeking partition of suit schedule properties in three equal shares and for consequential reliefs. As per the plaint, plaintiff and defendant No.2 are brothers and defendant No.1 is their father. The father of the plaintiff got the ancestral properties along with the plaintiff's senior paternal uncle. The plaintiff filed suit for the partition of the scheduled properties into three equal shares and allot one such share to him. After the suit was posted for arguments, the above interlocutory applications were filed by the petitioner. The trial Court after hearing the rival submissions dismissed the applications. Hence, the present revisions are filed.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that they intend to file the original registered Will though they had mentioned that only a certified copy of the registered Will would be filed in the application. He contended that the factum of execution of the Will was referred to specifically in the written statement filed by defendant No.3 and the said document could not be filed as the original was kept in a local bank towards a loan obtained by defendant No.3 for repairs of item No.1 schedule property.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the applications are bereft of any details and there is no explanation as to why the document is not filed at the time of trial.
Observations of the Court:
The Court noted that if a document is sought to be filed at a belated stage is relevant and helps the Court in adjudication, such documents can be received in evidence.
The Court observed that though there is a delay on the part of the petitioner in bringing the document on record, the document being a registered document and is the last testament of defendant No.1, has a substantial bearing on the suit and such original registered Will should be brought on record as the same would aid and help the Court in adjudicating the suit. The Court said that the document being critical to the suit, an opportunity should be given to petitioner/defendant No.3 considering that the registered Will, if genuine, is the last testament of defendant No.1.
The decision of the Court:
The Andhra Pradesh High Court, allowing the petition, held that the impugned orders are set aside and the civil revision petitions are allowed.
Case Title: Tulabandula Lakshmi Gayathri v Vakkalagadda Satyanarayana & Ors.
Coram: Hon’ble Justice Nyapathy Vijay
Case no.: CIVIL REVISION PETITION NO: 2334/2023
Citation: 2024 Latest Caselaw 10626 AP
Advocate for the Petitioner: Mr. N A Ramachandra Murthy
Advocate for the Respondents: Mr. T V P Sai Vihari
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