(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed challenging the order dated 05.0302020 passed by the Opposite party no.2 in Computerized Revision No.C20150800001363 (Lalli Devi Vs. Mithlesh Kumari) filed against the order dated 22.09.2014 passed by the Additional Sub Divisional Magistrate, First, Gonda, in Case No.42/2012-13.
(3) It has been submitted by the learned counsel for the petitioner that the mother of the petitioner namely Lalli Devi had two brothers namely Banwari Lal and Mata Bada. Banwari Lal died issueless and Mata Badal had three daughters. Smt. Mithilesh Kumari, the respondent no.5 is the daughter of Mata Badal. Banwari Lal who died issueless had executed a registered Will deed in favour of the mother of the petitioner Lalli Devi on 10.05.1988 in which Mata Badal his brother was a marginal witness. After the death of Banwari Lal the mutation application filed by the mother of the petitioner was allowed on 30.08.2007 thereafter because of certain actions of Smt. Mithilesh Kumari her husband and their Advocates the registered Will deed was lost. Smt. Mithilesh Kumari challenged the order dated 30.08.2007 before the Additional Sub Divisional Magistrate, Gonda, who rejected the said Appeal by his order dated 22.09.2014. A Revision was filed thereafter before the Opposite party no.2 which was registered as Computerized Revision No.C20150800001363 (Lalli Devi Vs. Mithlesh Kumari). The opposite party no.2 initially by his order dated 03.08.2017 had directed the Superintendent of Police, Gonda, to submit a report regarding matching of the signature of Mata Badal over the registered Will deed of the petitioner's mother dated 10.05.1988 and the Will deed executed by Mata Badal in favour of his daughter. But before the report could come, the opposite party no.5 gave an affidavit on 23.10.2018 saying that her registered Will deed executed by her father in her favour had been misplaced. There was no evidence for the Superintendent of Police to match the signature of Mata Badal made on the Will executed by him in favour of his daughter and Mata Badal as marginal witness on the Will executed by Banwari Lal in favour of the mother of the petitioner, therefore, the petitioner moved an application which application was allowed on 07.11.2019 by the then learned Commissioner who summoned the Register no.8 from the office of the Registrar for verification of the signatures made by Mata Badal on the Will deed in favour of Mithilesh Kumari. However, in so far as the verification of the signatures of Mata Badal as marginal witness on the Will deed executed by Banwari Lal in favour of the petitioner's mother Lalli Devi was concerned, that Will deed has also been misplaced. Another application was moved on 20.11.2019 to summon the Sub-Register from the Registrar for matching the signatures of Mata Badal also on the said Will deed. This application has now been rejected as a result whereof the petitioner's case is prejudiced and therefore he has approached this Court.
(4) Learned Standing Counsel has pointed out the order dated 07.11.2019 passed on the earlier application moved by the petitioner's mother to say that the Registere No.8 from teh Sub-Registrar Office, Gonda, has already been summoned and therefore, there was no requirement to summon the same again.
(5) This Court finds that in case one Register has been summoned from the office of the Sub-Registrar, Gonda, another Register can also be summoned to thrash out the contentions raised by both the parties. It is apparent from the order impugned that a date has already been fixed by the Additional Commissioner, Devi Patan Mandal, Gonda in the said case. Let the petitioner move an application within a week in the Court of Additional Commissioner, for summoning the other Register as prayed by him in his application dated 20.11.2019 so that both the Registers shall be placed before the Additional Commissioner and on the said application a fresh consideration should be made, and the Additional Commissioner could pass an order so that both the Registers are before him from the office of the Sub-Registrar, Gonda, on the next date fixed. This order is being passed with the expedition that the case has not been disposed of in the meantime.
(6) Accordingly, this writ petition is disposed of.
Order Date :- 11.2.2021 PAL