SURINDER KAUR Vs. SARDAR MANGAL SINGH

JUDGEMENT

(1.) PRESENT revision petition has been filed for setting aside orders dated 15th December 1997 and 5th May, 1998, whereby petitioner's application to lead secondary evidence under Section 65 of Indian Evidence Act, 1872 (hereinafter referred to as 'ie Act') was dismissed and petitioner was directed to file original documents.

(2.) MS. Nandini Sahni, learned counsel for petitioner contended that agreement to Sell, Receipts and other documents dated 6th August, 1980 executed by respondent No. 1 in favour of some third party do not mention a word about the Will dated 25th October, 1972 alleged to have been executed by Late Smt. Gurdai Kaur in favour of respondent No. 1. Learned counsel further contended that the said Will has been propounded by respondents only to usurp and grab petitioner's share to the extent of 110 square yards in suit property bearing No. C-53, Hari Nagar, New Delhi.

(3.) SHE further contended that alleged Will is surrounded by suspicious circumstances and it was never produced for a long number of years before any court or public authority.