Patna High Court directs trial court to dispose of Probate case within three months

Md. Ali Raja, the petitioner sought quashing of the order dated July 4, 2022 passed by the Additional District Judge-XI, Muzaffarpur in Probate Case No. 48 of 2014, whereby and whereunder the Additional District Judge rejected the application of the petitioner dated January 12, 2022 filed to call for report from the concerned authority for comparing the signature of Sheikh Ashraf Ali, the testator of the Will dated July 8, 1968, with his signature over sale deed dated November 16, 1968 stated to be executed by him. 

The petitioner's counsel submitted that the petitioner is opposite party in the trial court and has challenged the Will sought to be probated on behalf of the respondents because the Will is forged and fabricated. He also submitted that the Will is stated to be executed on July 8, 1968 but the probate case has been filed in the year 2014. The petitioner filed an application for comparing signature of the testator of the Will with a sale deed executed by the testator in favour of one Md. Shahabuddin on November 16, 1968 but the trial court rejected the application on the ground that it was not an admitted document. The counsel further submitted that since it is a registered document, the trial court ought to have taken this fact into consideration and thereafter directed for comparison of the signature of the testator of the Will with his signature over sale deed.

The respondents' counsel submitted that the respondents do not admit the document with which the Will of the testator, Sheikh Ashraf Ali, was sought to be compared. He submitted that the copy of the document was produced when the evidence of the opposite parties was being recorded. There is nothing on record to show that how this document came into existence as nothing was mentioned in objection filed by the petitioner during the probate proceeding. He also submitted that whether the document is registered or its original copy was produced is also not clear and it appears that some photocopy has been filed and the application was filed without any affidavit. 

To this, the counsel for the petitioner submitted that the present petition may be disposed of with liberty to the petitioner to produce certified copy of the registered sale deed dated November 16, 1968 for comparison of the signature of the testator, Md. Ashraf Ali. The counsel for the respondents has no objection to such prayer but he submitted that the petitioner must be directed to produce such document within a reasonable time as the matter has been dragging since the year 2014.

Patna High Court's Justice Arun Kumar Jha' order granted liberty to the petitioner to produce the certified copy of the sale deed dated November 16, 1968 before the trial court "which shall proceed to pass afresh order if such document is filed within three months" and thereafter, the trial court "would proceed to dispose of the Probate Case No. 48 of 2014 within  next three months from the date of receipt/production of a copy of this order."