Full Judgment
1. By way of the instant writ petition, the petitioners have impugned the order dated 5th August, 2010, whereby the learned Additional Civil Judge (J.D.), Sikar, dismissed the petitioners-defendants' application filed under Section 45 and 73 of Evidence Act.
2. Having considered the submissions made by the learned counsel for the petitioners and carefully perused the relevant material on record including the impugned order, it is noticed that in the suit filed by the plaintiff-respondents, the petitioners-defendants moved an application imploring the court to send the disputed Will to Forensic Science Laboratory stating the same to be forged one. The learned trial court after considering the rival submissions made by the parties dismissed the application filed under Sections 45 and 73 of Evidence Act on the ground that with regard to the disputed Will no legal proceedings are found to have been initiated by the petitioners-defendants. It is further observed by the learned trial court that the defendants were free to initiate legal proceedings at their own level.
3. Jurisdiction under Article 227 of the Constitution cannot be invoked to upset the pure findings of fact. Under Article 227 of the Constitution, this Court is expected and required to exercise extraordinary jurisdiction only in a case where the impugned order is found to be totally perverse, contrary to material on record or it results in manifesting injustice. In the instant case, the impugned order passed by the learned trial court is found to be just and apt, which does not warrant any intervention.
4. In view of above, the writ petition fails and the same being bereft of any merit stands dismissed.
5. Consequent upon the dismissal of writ petition, the stay application, filed therewith, does not survive and that also stands dismissed.