Sudhakar Nath Pathak & Anr vs Mateshwari Devi & Ors
2023 Latest Caselaw 1981 Jhar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
             (Civil Miscellaneous Appellate Jurisdiction)
                       M.A. No. 734 of 2018
Sudhakar Nath Pathak & Anr.                            ..... ...... Appellants
                                  Versus
Mateshwari Devi & Ors.                                .... .... Respondents
                                   ------

CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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           For the Appellants            : Mr. Rajeev Ranjan Tiwary, Advocate
                                           Mr. Ranjit Kumar Tiwary, Advocate
           For the Respondents           :
                                          --------

The matter is being taken up through Video Conferencing. Learned counsel for the appellants has no objection with it and submitted that audio and video qualities are good.

Order No.05/Dated: 8th May, 2023 Heard, Mr. Rajeev Ranjan Tiwary, learned counsel for the appellants assisted by Mr. Ranjit Kumar Tiwary, learned counsel.

The appellants, namely, Sudhakar Nath Pathak and Chandra Shekhar Nath Pathak aggrieved with the judgment dated 29.08.2018 passed by learned Additional Judicial Commissioner-VI, Ranchi in Probate No.108 of 2012/ Title Suit No.05 of 2014 have preferred the instant Miscellaneous Appeal as the Probate Case has been dismissed by the learned Court below on the ground which was not legally admissible under the law.

Learned counsel for the appellants has submitted that without adducing the evidence in compliance of the provision under Section 65-B of the Indian Evidence Act, 1872, a material which has been adduced by the opposite party in the learned Court below i.e. a pen drive without producing the original memory card in the Court below, the learned Court below has considered that the relationship of the testator with the appellant was not good, for which, the evidence, which has been relied upon, is not admissible under the law.

Learned counsel for the appellants buttress his argument on the basis of material obtained during cross examination of D.W.-7 with respect to Exhibit- B as discussed at page No.8 of the impugned award.

Let notice be issued in main appeal as well as in limitation matter upon the respondent Nos.1 to 3 through speed post and upon the respondent No.4 through ordinary process, for which, requisites etc. must be filed by 12.05.2023.

Office to track speed post delivery.

Let the matter appears after service of notice.

(Kailash Prasad Deo, J.) Madhav/-