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High Court of DelhiTEST.CAS./99/2021

Devinder Krishan Puri v. The State & ORS.

2024-10-29Hon'Ble Mr. Justice Vikas Mahajan2 pages

$~1 (original side) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TEST.CAS. 99/2021 DEVINDER KRISHAN PURI .....Petitioner Through:

Mr. Nihit Nagpal, Ms. Livya P. Lalu, Mrs. Bindra Rana and Mr. Vikrant Rana, Advs.

versus THE STATE & ORS.

.....Respondents Through:

Mr. Sahil Paul, Adv. for R-3

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 26.03.2025 I.A. 5226/2025 (by the petitioner under Section 152 read with Section 151 CPC seeking correction of judgment dated 29.10.2024) 1.

The present application has been filed seeking correction of the judgment dated 29.10.2024. The learned counsel appearing on behalf of the petitioner submits that in paras 14 and 21 of the judgment, it has been wrongly recorded that both the attesting witnesses of the Will dated 07.06.1969 had pre-deceased the testator whereas the fact of the matter is that both the attesting witnesses expired after the death of the testator, who passed away on 02.04.1972.

2.

He submits that one of the witnesses, namely, Mr. B.D. Mangal passed away on 23.12.2009 whereas another attesting witness, namely, Mr. D.K. Laroria passed away on 28.09.2012.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 17:49:57

3.

He submits that both the attesting witnesses were not available at the time when evidence was recorded inasmuch as both of them had passed away prior to filing of the present probate petition which was filed on 28.10.2021.

4.

This position is not disputed by the learned counsel appearing on behalf of the respondent no.3.

5.

In view of the above, the present application is allowed. Accordingly, in paras 14 and 21 of the judgment dated 29.10.2024, it should be read that the two attesting witnesses, namely, Mr. B.D. Mangal and Mr. D.K. Laroria passed away after the death of the testator but before filing of the present probate petition.

6.

With the aforesaid correction, the application stands disposed of. VIKAS MAHAJAN, J MARCH 26, 2025 aj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 17:49:57