Rekha Pandey vs Malti Devi & Ors
2025 Latest Caselaw 7856 Jhar

Jharkhand High Court

Rekha Pandey vs Malti Devi & Ors on 18 December, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           M. A. No. 131 of 2023

Rekha Pandey                                   ....   ....    Appellant
                                      Versus
Malti Devi & Ors.                              ...      ....      Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellant               :Mr. Atanu Banerjee, Advocate
For the Resp. No. 1-5 & 7      : Mr. Akhouri Prakhar Sinha, Advocate
                                 Mr. Aman Kedia, Advocate
For the Resp. 1,9-11            :Ms. Divya, Advocate
                           ------

Order No. 07 / Dated : 18.12.2025.

I.A. No. 6256 of 2025 Heard the learned counsel appearing on behalf of the appellant in this interlocutory application which has been filed under Order XLI Rule 27 of the CPC to adduce additional evidence the certified copy of the judgment in GR Case No. 1189 of 2013, arising out of Sadar Town PS Case No. 294 of 2013.

It is submitted by the learned counsel for the appellant that the original defendant no. 3-Manoj Tripathi had filed this criminal case alleging that the WILL was forged and fabricated in which after a full-fledged trial judgment of acquittal has been pronounced in favour of the appellant.

It is submitted that since the certified copy of FIR and charge-sheet in G.R. Case No. 1189 of 2013 had been adduced into evidence by defendant no. 7 before the learned Trial Court, therefore to rebut the said evidence, the judgment rendered in the said criminal case is sought to be filed. Since the disposal of this case took place after conclusion of the testamentary suit, therefore, at the appellate stage, it is being filed.

It is submitted by the learned counsel appearing on behalf of the defendant no. 3/ respondent no. 7 that the letter of administration has not been rejected on the basis of any finding of the criminal Court, rather an independent finding has been recorded where the WILL has been found to be in suspicious circumstance and therefore, the same has been rejected.

Having considered the submissions advanced on behalf of both sides, it is true that finding in a criminal Court is not binding on Civil Court. However, since the FIR and charge-sheet in the criminal case were introduced into evidence on behalf of the defendant no. 3, and were also marked as exhibit in the testamentary suit, therefore, I find merit in the submissions made on behalf of the appellant for adducing the judgment delivered in the said case to be adduced into evidence in appeal.

Accordingly, I.A. No. 6256 of 2025 for additional evidence is allowed and certified copy filed along with it, is marked as Ext.-6.

Let the case be listed on 13.01.2026 at 2:15 pm.

(Gautam Kumar Choudhary, J.) Pawan/ -

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19.12.2025