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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.3873-3874/2023 [@ SLP [C] NOS.1343-1344/2023]
DATO MOHAN SWAMI Appellant (s)
VERSUS
MOHIT KUMAR Respondent(s)
O R D E R
Leave granted.
We have heard learned counsel for the appellant and
the respondent who appears in person.
We may notice that the proceedings in the
testamentary jurisdiction are pending at the final stage
of arguments. The present appeals arise from an impugned
order dated 18.10.2022 qua application filed by the
appellant for taking on record Examination in Chief on
affidavit as evidence. The affidavit stated that certain
averments have been made by the contesting respondent
herein in other proceedings and sought to bring on record
the same. In a nutshell the plea was that as per the
appellant the replication of the plaintiff in original
proceedings at an admission qua medical records and
diagnosis of late Dr. Swami Rama, but on having resiled
from the same during cross examination, the said
documents were sought to be brought on record immediately
thereafter on 27.04.2011. This plea is recorded in the
order dated 02.02.2023 issuing notice where the statement
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of counsel for the appellant is recorded that the
passport and the medical history which was sought to be
brought on record was only sought to be exhibited and the
suit is ...