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Judgment
Sanjeev Sachdeva, J
O.A. 15/2022
This is a chamber appeal filed by the defendant impugning the order of Joint Registrar dated 16.03.2022 whereby the Joint Registrar has directed the defendant to file the original Will dated 07.02.1995 of late Mrs. Amrit Kaur and further directed that the original Will dated 07.02.1995 be filed in a sealed cover.
Learned counsel for the defendant submits that there are several litigations pending between the parties and may be required to be required to be produced in other proceedings also and in case it is filed in these proceedings, it may delay the progress of the other suits and proceedings.
Learned counsel for the plaintiff submits that the genuineness and authenticity of the Will is in dispute. However, he has no objection in case defendant were to undertake that the original Will shall be produced in Court as and when so directed by the Court and also, if required by the plaintiff for forensic examination by a hand-writing expert.
Learned counsel appearing for the defendant under instructions undertakes that defendant shall produce the Will as and when so directed by the Court.
In view of the above and with the consent of the parties, appeal is allowed with directions that defendant shall produce the original Will as and when so directed by the Court and also keep the same available at the time of final arguments in the Suit. Defendant shall also produce the Will, if so, required by the plaintiff for examination by a hand-writing expert.
The appeal is accordingly disposed of in the above terms.