Examination of witness

rajashekhar (Querist) 27 October 2017 This query is : Resolved
Dear sir iam contesting a case on defendent side of of will deed presented by plantiff . plantiff has presented 4 witnesses so far .the will deed has 4 atttestors apart from scribe .none of them came forword to give evidence .the defendent has filed cheif examination.at the time of cross examination of defendent No.1 the plantiff has brought one attestor and filed chief examination and filed petition for advocate commissioner to record evidence of scribe. Now judge reserved case for orders. So what will be order whether defendent examination is allowed or plantiff examination is allowed

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rajashekhar (Querist) 27 October 2017
Please answer experts

Azhagananth (Expert) 28 October 2017
the plaintiff must have filed application for Reopening the evidence of P/F also along with the Chief proof of the attestor and Commissioner petition.

it is the Discretion of the court to Allow or Dismiss the petition?
It may allow in the interest of justice and opportunity for the plaintiff to prove his case
or it may dismissed on the ground of Belated stage,

it is upto the court to decide.

But as per section 68 of Evidence of act, only the attestor can prove the genuineness and execution of the will.

P. Venu (Expert) 28 October 2017
Let the court decide the application. If allowed, you have the opportunity to cross-examine and bring out the truth.

Rajendra K Goyal (Expert) 28 October 2017
Let the court give some orders on the issue. If not satisfied with the orders challenge the same.

Dr J C Vashista (Expert) 30 October 2017
I have different opinion to that of the learned experts.
The plaintiff was given opportunity to prove his case by deposing witnesses, which the plaintiff has already availed and closed his evidence.

Dr J C Vashista (Expert) 30 October 2017
Subsequently defendant was called to depose and the evidence commenced. At this stage if the plaintiff wants to improve his evidence it shall case prejudice to the defendant in demolishing the case of plaintiff, hence the application of the plaintiff to produce other evidence(s) (at this stage) can not be permitted. If the Court permits you must oppose and challenge such order.

Dr J C Vashista (Expert) 30 October 2017
I fully agree with expert Mr. Azhagananth qua proving the subject WILL can only and only by attesting witnesses in terms of Section 68 of IEA but not any other witness.

rajashekhar (Querist) 01 November 2017
Ths. I invite further opinion

Isaac Gabriel (Expert) 02 November 2017
There cannot be second opinion to Dr.J.C.Vasishta's

Guest (Expert) 02 November 2017
Well advised by Expert/Advocate Mr.Azhagananth

rajashekhar (Querist) 09 March 2019
dear sirs . plantiff /daughter filed suit for injunction with partition against her father mother and her other sisters and also included her father's second wife sons as defendents claiming that she has not recived any share in ancestral property. infact she claimed some share long back and got married and claiming second time by sucesssion act also of andhra pradesh amendment act . what is question is can second claim is allowed after marriage when she has alrady claim . I want to contest on behalf of defendents who are second wife children .how to contest case if plantiff father has contacted second marriage during subsistence of first marriage how to save if alerady oral partion happend and second wife children are in possession of thier share of land suit is only filed to grab the land of second wife children.

Examination of witness

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