Basant Lal Saw vs Raj Kishore Sah & Others
2022 Latest Caselaw 4797 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              C.M.P. No. 792 of 2022
                                      ------

       Basant Lal Saw                        .... .... ....   Petitioner
                               Versus
       Raj Kishore Sah & Others              .... .... .... Opposite Parties

       CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

       For the Petitioner         : Mr. Ayush Aditya, Advocate
                                    Mr. Akash Deep, Advocate
       For the Opp. Parties       : Mr. Rama Kant Tiwari, Advocate

       Oral Order
       04/ Dated :30.11.2022

Heard the learned counsel in I.A. No.10906 of 2022 which has been filed under Section 151 of the C.P.C. for stay of further proceeding in Probate Case No.05 of 2014 corresponding to O.S. No.18 of 2015 pending in the Court of Principal District Judge, Dhanbad.

It is submitted by the learned counsel that on the plea that probate application was barred by limitation and no issue was framed with regard to it, a petition was filed by the petitioner under Order XIV Rule 5 of the C.P.C. for framing issue on the limitation by order dated 16.11.2022. The said petition was heard and allowed and additional issue was framed. After framing of the additional issue, the petitioner/opposite party has not been given any opportunity of hearing on this additional issue.

Reliance has been placed on Satnam Singh Sharma Versus Tarloki Nath Kalia reported in 1974 0 AIR (P&H) 287 wherein it has been held that after issues have been framed, the courts to allow the parties a reasonable time within which they should produce the documents or to file their lists of reliances.

The order of the Court below dated 19.09.2022 has been challenged before this Court wherein a prayer has been made for examination of the signature of the testator by expert.

Learned counsel on behalf opposite parties submits that both these petitions (instant C.M.P. & I.A. No.10906 of 2022) have been filed at the stage of argument only to delay the disposal of the probate application which is pending for last eight years.

Considering the fact that additional issue has been framed on 16.11.2022, it appears that the parties have not been heard on the additional issues.

Under the circumstance, two weeks' time is allowed to the parties for being heard on additional issue framed by the learned Court below. The proceeding of the Court below is stayed till 6th January, 2023, if the case has not been disposed of by judgment by this time.

Both the parties are directed to appear before the Court below on 5th December, 2022 for hearing on the additional issue of limitation.

Let this order be communicated through e mail by 02.00 p.m. Let this case be listed on 2nd December, 2022.

(Gautam Kumar Choudhary, J.) Anit