HANAMANT Vs. BASAPPA
LAWS(KAR)-2022-10-570
HIGH COURT OF KARNATAKA
Decided on October 13,2022

Hanamant Appellant
VERSUS
BASAPPA Respondents

JUDGEMENT

- (1.)An application filed to produce certain documents was allowed by the Trial Court.
(2.)Learned counsel for the petitioner contends that the defendant did not produce these documents along with the written statement but subsequently, an application is filed under Order 8 Rule 1(A) of Code of Civil Procedure seeking to produce the documents as if they were produced along with the written statement. The petitioner is highly aggrieved by production of certified copy of a Will, which according to the petitioner, was not set up in the written statement.
(3.)It is not in dispute that the defendant did set-up the defence that he had succeeded to the property under the Will. Merely because, the said Will was not produced along with the written statement, that would not preclude the defendant from producing it at a later stage. The Trial Court has merely permitted the production of the documents upon which reliance has been placed by the defendant so as to enable him to establish his defence.


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