Code of Civil Procedure, 1908–Order 41, Rule 27–Appellant sought to produce the will and gift deed executed by her mother–Mother of appellant was the respondent in the suit–She did not mention the will and gift deed in written statement, though she participated in the suit till her death–Prima facie it is not believable that she was not aware about execution of will–Will was executed during the pendency of suit due to some development within the family or internal bickerings–Contents of will postulating the fact of cancellation of earlier will executed in favour of respondent–Appellants photograph was also annexed on the will–No plausible reason for non-production of this document before trial Court–Other document gift deed is also regd. document as per the provisions of Registration Act–It also ought to be produced before trial Court–Endeavour of appellant to divide the property in three parts during the life time of her mother–But when the proceedings in suit prolonged and there was no possibility of the decision of suit in near future during life time of mother, alleged will and gift deed came into offing by sheer manipulation clandestinely–Application deserves to be dismissed.
