MP HC Gives Plaintiff One Chance To Examine 90-Year-Old Will Writer Through Commission, At His Cost

The petitioner/plaintiff, whose suit sought a declaration concerning property on the basis of a Will dated 15 December 1980, applied under Order XXVI Rule 1 read with Section 151 of the Code of Civil Procedure (CPC) to examine the Will’s writer, Ramratan Nidoriya, by local commission.

The Trial Court rejected the application on 2 April 2025 because no medical evidence of the writer’s condition had been filed.

The petitioner subsequently filed a Section 151 CPC application with a medical prescription, but the Trial Court rejected it on 8 May 2025.

The petitioner challenged both orders under Article 227 of the Constitution, relying also on the writer’s age of about 90 years.

Article 227 of the Constitution provides the basis for the High Court’s supervisory jurisdiction over the Trial Court’s orders.

Order XXVI Rule 1 read with Section 151 CPC was invoked to seek examination of the witness by local commission; the subsequent application also relied on Section 151 CPC.

The Court applied the case-specific principle that, in the interests of justice, an opportunity to examine an elderly witness may be allowed where the record supports the request, subject to appropriate conditions.

The Trial Court had initially rejected the application because evidence of the witness’s health had not been produced.

The later document indicated that Ramratan Nidoriya was about 90 years old.

Considering that evidence and the need to afford an opportunity to examine the Will’s writer, the High Court found that the interests of justice supported allowing one examination by local commission.

It balanced that relief against the respondent’s concern about delay by placing the costs on the petitioner and setting a four-week period for completion.

It directed the Trial Court to afford the petitioner one opportunity to examine Ramratan Nidoriya, the Will’s writer, through a local commission at the petitioner’s cost, with the exercise to be completed within four weeks of production of a certified copy of the High Court’s order.

The petition was allowed and disposed of accordingly.