[2026:RJ-JP:12120] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1468/2026 Pradeep Kumar Sharma S/o Shri Surendra Kumar Sharma, R/o- Village Renwal Manjhi, Tehsil Madhorajpura, District Jaipur Hall R/o- Village Bambori, Tehsil Malpura, District Tonk, Rajasthan. ----Plaintiff-Petitioner Versus 1. Gopal Lal Sharma, S/o Shri Jagdish Narayan Sharma, 2. Champa Devi, W/o Gopal Lal Sharma 3. Ravikant Sharma, S/o Shri Gopal Lal Sharma 4. Anita Devi W/o Shri Ravikant Sharma, All R/o- Near Village Uco Bank, Renwal Manjhi, Tehsil Madhorajpura, District Jaipur. 5. Surendra Kumar Sharma, S/o Shri Jagdish Narayan Sharma 6. Pramod Sharma S/o Shri Surendra Kumar Sharma, All R/o- Village Renwal Manjhi, Tehsil Madhorajpura, District Jaipur Hall R/o- Village Bambori, Tehsil Malpura, District Tonk, Rajasthan. ---Defendants-Respondents For Petitioner(s) : Mr. Ravi Shanker Sharma For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 23/03/2026 1. The present civil writ petition has been filed assailing the order dated 30.10.2025 passed by the learned Senior Civil Judge- cum-Additional Judicial Magistrate, Phagi, District Jaipur, in Civil Suit No. 60/2022 (600/2022), whereby the application filed by the defendants-respondents under Order VIII Rules 1 and 2 CPC, seeking to place on record the Will dated 21.11.2008 and certain electricity bills, has been allowed. 2. Learned counsel for the petitioner submits that the Will dated 21.11.2008 is a forged document. He further submits that the said Will as well as the electricity bills were already in the possession of the defendants-respondents, but were not filed at the appropriate [2026:RJ-JP:12120] (2 of 2) [CW-1468/2026] stage and, therefore, ought not to have been taken on record or considered. Consequently, the order dated 30.10.2025 is liable to be quashed and set aside, and the application filed by the defendants-respondents under Order VIII Rules 1 and 2 CPC deserves to be dismissed. 3. Heard and perused the material available on record. 4. This Court finds that the application of the plaintiff under Order VII Rule 14(b) CPC was allowed on 30.10.2025 for taking documents on record. Simultaneously, the application of the defendants-respondents was also allowed for taking the original Will dated 21.11.2008 on record. The Will cannot be refused to be taken on record merely on the allegation of the petitioner that it is forged. It is a settled principle of law that a Will is required to be proved in accordance with law. The burden of proof lies upon the party relying upon the Will, and its validity shall be tested by the learned Trial Court during the course of trial at the stage of final hearing. 5. Therefore, this Court finds that the matter calls for no interference in exercise of its writ jurisdiction under Article 227 of the Constitution of India. 6. With the above observations, the present civil writ petition stands dismissed. 7. Pending application(s), if any, stands disposed of. (BIPIN GUPTA),J Sudha/07