JUDGEMENT
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(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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