Jadubansh Singh v. Most. Siv Kumari Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6446 of 2014 ====================================================== Jadubansh Singh .... .... Petitioner/s

Versus

Most. Siv Kumari Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nalin Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-02-2016 Heard the learned counsel, Mr. Surendra Kishore Thakur, on behalf of the petitioner and the learned counsel, Mr. Partha Sarthi, for the respondent.

It appears that on the basis of evidence of A.W.7, original Will was marked as ext. '2' by order dated 07.09.2012. The objector respondent herein filed application for correction of the said order on the ground that in fact A.W.7 has proved his father's signature and his fathers in the deposition, it is clearly mentioned that his signature is marked as ext.'2' but by mistake the original Will has been marked as ext'2'. The Court below after perusing the ordersheet under the deposition of A.W.7 corrected the order and held that in the deposition, it has been identified by A.W.7, it is a mistake and instead of marking signature, the whole original Will has been marked. Since the order is correctional order. From

Patna High Court CWJC No.6446 of 2014 (3) dt.17-02-2016 2/2 perusal of A.W.7 and also the order which has been corrected, it appears that the learned Court below has rightly corrected the order. Therefore, there is no question of evidence under Article 227 arises.

Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T