CHANDER MOHAN MEHTA vs THE STATE THROUGH SECRETARY NCT OF DELHI AND ORS

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 19th November 2024 Judgment pronounced on: 21 February, 2025 + CM(M) 1471/2023 & CM APPL. 49059/2023 CHANDER MOHAN MEHTA .....Petitioner Through: Mr. Rajmangal Kumar with Ms Sangeeta Kumar, Advs. versus THE STATE THROUGH SECRETARY NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sunder with Mr. Praveen Kumar & Mr. Ravi Prakash, Advs. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. This petition has been filed under Article 227 of the Constitution of India, impugning the order dated 27.07.2023, passed by the learned District Judge in PC No. 81/2022, titled “Satish Kumar Mehta Vs. The State & Ors.”, whereby, the application seeking permission to place on record a copy of the registered Will dated 25.05.1983 was dismissed. 2. The petitioner assailed the impugned order on multiple grounds, primarily arguing that the learned Trial Court erred in dismissing the application without considering the material significance of the registered Will. Petitioner submits that the registered Will forms a Signature Not Verified Digitally Signed By:SUNITA KUMARI CM (M) 1471/2023 Signing Date:21.02.2025 Page 1 of 6 17:08:06 crucial part of record of the probate proceedings and its exclusion would not only be unjust but also hinder the fair adjudication of the matter. FACTUAL BACKGROUND: 3. Briefly stated the facts leading to the filing of the present petition are that the testator, Sh. Balwant Singh Mehta, a resident of Delhi, died on 24.05.1988, leaving behind his wife, three daughters and four sons. 4. The deceased executed a Will dated 25.05.1983, bequeathing the immovable property at H-105, Shivaji Park, Punjabi Bagh (West), New Delhi to the petitioner and respondent No. 2 in equal shares