Rajasthan High Court
CW/15724/2026 of GYARASI D/O MOTIRAM W/O SHYOTAJ SINGH Vs NATHURAM on 19 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15724/2026 CNR: RJHC020704852026 | URN: CW / 33491U / 2026 Gyarasi D/o Motiram W/o Shyotaj Singh, Aged About 91 Years, R/o Village Jonayacha Kala, Tehsil Neemrana, District Alwar, Currently Resident Of District Kotputli,
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15724/2026
CNR: RJHC020704852026 | URN: CW / 33491U / 2026
Gyarasi D/o Motiram W/o Shyotaj Singh, Aged About 91 Years, R/o Village Jonayacha Kala, Tehsil Neemrana, District Alwar, Currently Resident Of District Kotputli, Behror, Alwar, Rajasthan.
----Petitioner
Versus
1.
Nathuram, S/o Jhutharam
2.
Chandagiram S/o Jhutharam, All Are R/o Nangalmahata, Tehsil Neemrana, District Alwar, Currently Residents Of District Kotputli Behror
3.
Ashok S/o Late Lalchand, Grand S/o Jhutharam, R/o Nangalmahata, Tehsil Neemrana, District Alwar, Currently Resident Of Kotputli, Behror, District.
4.
Geeta D/o Late Lalchand, Grand D/o Jhutharam, W/o Ramanand, R/o Riwali, Tehsil Behror, District Kotputli Behror.
5.
Sumitra D/o Late Lalchand, Grand D/o Jhutharam, W/o Krishna Singh, R/o Riwali, Tehsil Behror, District Kotputli Behror.
6.
Shashi D/o Late Lalchand, Grand D/o Jhutharam, W/o Mangiram, R/o Village Ladpur, Tehsil Kotakasim, District Khairthal
7.
Bhuteri D/o Late. Lalchand Grand D/o Jhutharam W/o Subesingh, R/o Ladpur, Tehsil Kotkasim, District Khairthal.
8.
Rajaram, S/o Late. Shriram, Adopted Son Ratiram, Natural Son Jhutharam
9.
Omwati, D/o Late Shri Ram, Grand D/o Jhutharam
10.
Deepchand, S/o Kanhiram,
11.
Ramprasad, S/o Kanhiram
12.
Champa, D/o Kanhiram
13.
Lali Devi, W/o Late Ramavatar, Daughter-In-Law Of Kanhiram
14.
Satish, S/o Late Ramavatar, Grand S/o Kanhiram
15.
Babita, D/o Late Ramavatar, Grand D/o Kanhiram
(2 of 3)
[CW-15724/2026]
16.
Sharmila D/o Late Ramvatour, Grand D/o Kanhiram, All Are R/o Nangalmahata, Tehsil Neemrana, District Alwar, Currently Residents Of District Kotputli Behror
17.
General Public
----Respondents
For Petitioner(s)
:
Ms. Neetu Mathur
Mr. Avinash Sharma
For Respondent(s)
:
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
19/08/2026
1. Petitioner has been stated to be a lady of 91 years and on account of her old age, she is suffering from various ailments as well.
2. Petitioner has filed an application for issuance of succession certificate under Section 372 of the Indian Succession Act, 1925 on 05.07.2025 whereupon after issuance of notices, private respondents have put in appearance and the application is pending at the stage of filing reply by respondents.
3. Petitioner prays for directions to decide the application for succession certificate earliest as her grievance is that on account of her old age, if her statements are not recorded earliest possible, same may adversely affect the application.
4. In order to consider the grievance of petitioner, this Court is of the considered opinion that Order 18 Rule 16 CPC provides a procedure to record statement of any party or witness immediately, if circumstances so warrants. For ready reference, Order 18 Rule 16 CPC reads as under:-
(3 of 3) [CW-15724/2026] "16. Power to examine witness immediately—
(1) Where a witness is about to leave the jurisdiction of the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken immediately, the Court may, upon the application of any party or of the witness, at any time after the institution of the suit, take the evidence of such witness in manner hereinbefore provided.
(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court thinks sufficient, of the day fixed for the examination, shall be given to the parties.
(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at any hearing of the suit."
5. In the present case, petitioner has been stated to be old and ailing woman, hence, she may move an application before the District Judge to record her statements on the application under Section 372 of the Indian Succession Act, 1925, earliest possible.
6. On filing of such application, learned District Judge is expected to permit recording of her statements earliest possible with liberty to cross-examine her by respondents, whosoever wants to contest the application for succession certificate.
7. With aforesaid observations, instant writ petition stands disposed of.
8. Stay application and other pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J 48/NITIN