JUDGMENT Hon’ble Sunil Ambwani, J.— 1. Application No. Nil of 2006 to summon Dr. J.P. Bhaswara, retired Professor, Rewa Medical College, Rewa, M.P. Shri Ajit Kumar submits that Dr. J.P. Bhaswara was the Chairman of the panel of Doctors which examined late Maharaja Maratand Singh on 31.5.1993, in pursuance of the order of Civil Judge, Grade-I Rewa, M.P. dated 29.5.1993. He has relied upon the report signed by Dr. J.P. Bhaswara on 1.6.1993 with regard to medical condition of Maharaja Maratand Singh. On being asked about the relevancy of the witness, learned counsel informs the Court that Dr. J.P. Bhaswara shall prove the mental condition of the testator at the time of the execution of the will. The will is alleged to have been executed on 5.1.1993, five months before the testator was examined by the panel of doctors. The terms of the Medical Board (Panel) were to examine the testator and his medical condition almost in the end of May 1993. There is nothing in report which may indicate that they had examined him for the purpose of finding him out for the medical condition five months ago. I therefore do not find that the evidence of this witness is relevant and thus, rejected the application. 2. Application No. Nil of 2006 to summon Suit Clerk of Civil Court, Rewa. This application has been filed to summon the Suit Clerk of Civil Court, Rewa, M.P. or any other person appointed by the District Judge, Rewa, M.P. to produce records namely; (a) Civil Suit No. 13-A of 1995 of the Court of 1st Civil Judge, Class II Rewa M.P. along with the order dated 29.5.1993, by which panel of doctors were appointed to give medical report, and the medical report of the panel of doctors dated 1.6.1993 pertaining to the mental and physical condition of late Maharaja Martand Singh; and (b) Record of either entire record of Civil Suit No. 28-A of 1995 of the Court of Civil Judge Class II Rewa M.P along with the order by which Mr. Awadesh Singh was appointed as Advocate Commissioner along with the Advocate Commissioner reports dated 2/3.5.1993, or the report of Advocate Commissioner dated 2/3.5.1993. Awadesh Singh was appointed as Advocate Commissioner along with the Advocate Commissioner reports dated 2/3.5.1993, or the report of Advocate Commissioner dated 2/3.5.1993. The defendants have already filed certified copies of the medical report and the report dated 1.6.1993 submitted by panel of doctors in Civil Suit No. 13 A of 1995 and the report of the Advocate Commissioner dated 2/3.5.1993 in Civil Suit No. 28 A of 1995. Since these documents are already on record, the certified copy of which has not been denied by the plaintiff, the examination of Suit Clerk is not necessary at all. The application is accordingly rejected. 3. Application No. Nil of 2006 to summon Mr. Awadesh Singh, Advocate, Rewa District Court, Rewa. This application has been filed to summon Mr. Awadesh Singh, Advocate, Rewa District Court, Rewa who had submitted his report dated 3.5.1993 with regard to mental condition of Maharaja Martand Singh. In his report dated 2.5.1993 the Advocate Commissioner had reported that when he approached Maharaja Martand Singh he was informed that the witness is ill and is not in a position to give statement, and that doctors have advised him not to speak. The Advocate Commissioner thereafter met the witness who did not give any reply to his questions and had tears in his eyes. He was lying down on a bed and was not in a position to speak. In the circumstances, the Advocate Commissioner did not take the statement. The Advocate Commissioner was sent to examine the mental condition of the testator as on 2.5.1993, five months after the will was executed. He is not a mental expert and that filing of the report has not been denied. In the circumstances, he is not a relevant person for examining the mental condition of the testator at the time of execution of the will. This application is also rejected. List on 27.2.2006 for recording further evidence. Application Rejected. ————