[2025:RJ-JP:9625] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3200/2025 1. Smt. Meera Devi W/o Late Shri Chandra Prakash Ji, Aged About 74 Years, House No. 6/360, New No. 5, Gali No. 2, Royal Cinema Gali, Behind Royal Tokiz, Beawar, District Ajmer (Raj.). 2. Shyam S/o Late Shri Chandraprakash, Aged About 43 Years, R/o House No. 6/360, New No. 5, Gali No. 2, Royal Cinema Gali, Behind Royal Tokiz, Beawar, District Ajmer (Raj.). ----Petitioners-Defendants Versus 1. Smt. Mooli Devi W/o Late Shri Banshi Lal Ji, R/o Laxmi Colony, Masuda Road, Beawar, District Ajmer (Raj.) (Since Deceased) Through Her Legal Heirs- 1/1. Rajendra Yadav S/o Late Shri Banshi Lal Ji, R/o Beawar (Raj.). 1/2. Omprakash S/o Late Shri Banshi Lal Ji, R/o Beawar (Raj.). 1/3. Smt. Sharda Devi W/o Rajendra Yadav D/o Late Banshi Lal Ji, R/o Krishpur Near Alipura Sentpaul School, Udaipur. 2. Smt. Laxmi Devi W/o Late Shri Ramniwas Ji, R/o Motipura Badiya, Bewar, District Ajmer (Raj.). 3. Smt. Shobha W/o Late Shri Omprakash, R/o Diggi Mohalla, Beawar, District Ajmer. (Raj.). 4. Vijay S/o Late Shri Omprakash, R/o Diggi Mohalla, Beawar, District Ajmer (Raj.). 5. Ajay S/o Late Shri Omprakash, R/o Diggi Mohalla, Beawar, District Ajmer (Raj.). 6. Subham S/o Late Shri Sunil Ji, R/o Diggi Mohalla, Beawar, District Ajmer (Raj.). 7. Heera Lal S/o Late Shri Badri Ji, R/o House No. 6/360, New No. 5, Gali No. 2, Royal Cinema Gali, Behind Royal Tokiz, Beawar, District Ajmer (Raj.). 8. Smt. Lali @ Sunita, (W/o Late Shri Panna Ji) Presently W/o Shri Muralidhar Ji, R/o Devaliya Kala Vaya Vijaynagar, District Ajmer (Raj.). [2025:RJ-JP:9625] (2 of 4) [CW-3200/2025] 9. Smt. Neetu (D/o Late Panna Ji) W/o Shri Rajendra Ji, R/o Village Shambhupura, District Chittorgarh (Raj.). 10. Raju S/o Late Shri Narayan Yadav, R/o Near Pani Ki Tanki Near Janakilal Koyale Ki Tall, Azad Nagar, Madanganj, Kishangarh, District Ajmer (Raj.). --Plaintiffs 11. Smt. Imarati Devi W/o Late Shri Moo Chand Ji, R/o House No. 16/144, Behind Bhadada Bag, Bhilwara (Raj.). (Since Deceased) 12. Smt. Pinky D/o Late Shri Chandraprakash Ji W/o Anil, R/o House Of Leeladhar Chakki Wala, Godam Talai, Near Dhokda Wale Balaji, Jhalawar (Raj.). 13. Smt. Seema D/o Late Shri Chandraprakash Ji W/o Nitin, R/o House Of Leeladhar Chakki Wala, Godam Talai, Near Dhokda Wale Balaji, Jhalawar (Raj.). 14. Smt. Babli D/o Shri Chandrapakash Ji W/o Vikas @ Chintu Yadav, R/o House No. 6/360, New No. 5, Gali No. 2, Royal Cinema Gali, Behind Royal Tokiz, Beawar, District Ajmer (Raj.) 15. Chhagan Lal S/o Late Shri Mool Chand, R/o House No. 16/144, Behind Bhadada Bag, Bhilwara (Raj.). 16. Devdutt S/o Late Shri Mool Chand, R/o House No. 16/144, Behind Bhadada Bag, Bhilwara (Raj.). 17. Smt. Kanta D/o Late Shri Mool Chand, R/o House No. 16/144, Behind Bhadada Bag, Bhilwara (Raj.). 18. Sub-Registrar, Sub-Registration Office, Beawar, District Ajmer (Raj.). ----Respondents For Petitioner(s) : Mr. Jai Prakash Gupta For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 05/03/2025 This civil writ petition has been filed by the petitioners- defendants (for short ‘the defendants’) against the order dated [2025:RJ-JP:9625] (3 of 4) [CW-3200/2025] 05.02.2025 passed by the Additional District Judge No.1, Beawer in civil suit No.177/2013 whereby the application filed by the defendants under Order 8 Rule 1(3) read with Section 151 CPC has been dismissed. Learned counsel for the defendants submits that respondent Nos. 1 to 10- plaintiffs (for short ‘the plaintiffs’) filed a suit for partition, declaration and injunction against the defendants in which defendants filed an application under Order 8 Rule 1(3) read with Section 151 CPC for taking the certified copy of the will dated 05.04.1991 on record, but trial court vide order dated 05.02.2025 dismissed the said application filed by the defendants. Learned counsel for the defendants further submits that photocopy of the said will was already on record, so certified copy of the will was necessarily required to be taken on record for adjudication of the suit but the trial Court has committed an error in dismissing the application. So, the order dated 05.02.2025 passed by the trial Court be set aside and the documents submitted by the defendants be taken on record. I have considered the arguments advanced by learned counsel for the defendants and perused the impugned order. Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that the document in question is certified copy of the will which was obtained from government office, genuineness of which cannot be doubted, I deem it fit to allow the petition filed by the defendants. Accordingly, the petition filed by the defendants is allowed. The order dated 05.02.2025 passed by the trial Court is set aside. The trial Court is directed to take the aforesaid document on [2025:RJ-JP:9625] (4 of 4) [CW-3200/2025] record subject to payment of cost of Rs. 5,000/- by the defendants to the plaintiffs on or before the next date of hearing, failing which documents in question shall not be taken on record. Pending application(s), if any, stands disposed of. (NARENDRA SINGH DHADDHA),J Ritu/36