JUDGMENT 1. - Heard.The respondent no. 1 filed probate application before the court of District Judge, Bikaner in 1987. The petitioner no. I is the younger brother petitioner no. 2 is the mother and petitioner no. 3 is the sister of the respondent no. 1. On behalf of the present petitioners, the application was moved before the learned District Judge for producing 'Patta". The said application was rejected by the learned Judge only on the ground of delay as he was of the opinion that though, the petitioners were in possession of that "Patta" since 1987, they have produced very late. Apart from that, there is no affidavit in support of the delayed production of that "Patta", nor any explanation was given for the late production. Therefore, the learned Judge was of the opinion that no permission to produce the "Patta" can be granted to them at the very late stage. 2. The learned Judge was not justified in rejecting that application for production of "Patta" on the ground of delay only. It was submitted by Mr. Trivedi that "Patta" which was sought to be produced by the petitioners has no relevance and no application. Be that as it may. If it has no relevance, it will not help the petitioners. But, no prejudice would have been caused to the petitioner if the permission of the petitioner was granted to produce the "Patta". On technical ground of delay, the learned Judge ought not to have dismissed the application. 3. I am fully convinced from the peculiar facts and circumstances of this case that the learned Judge has failed to exercise his jurisdiction, and therefore, this is a fit case for this Court to exercise its jurisdiction under Section 115 of CPC. 4. Accordingly, this petition is allowed. The impugned order, dated 20th October, 91 passed by the learned Judge is set-aside. The application of the petitioners to produce the "Patta" is granted. The learned District Judge shall now proceed further and decide the case in accordance with law as expeditiously as possible. 5. Rule is made absolute with no costs.Revision allowed. *******