(1.) With consent of learned counsel for the parties the matter is heard finally.
(2.) This petition under Art. 227 of the Constitution of India, at the instance of plaintiff is directed against the order dated 17.7.2012 passed in Civil Suit No. 390-A/2007; whereby the Trial Court has allowed the respondents/defendants to lead secondary evidence through the xerox copy of affidavit dated 28.5.1995 and will dated 20.6.1997.
(3.) The suit at the instance of the petitioner/plaintiff is for declaration, partition, separate possession, mesne profit and permanent injunction. Respondents/defendant Nos. 2, 5 and 6 filed written statement. Whereas, respondent No. 2 has filed a counter claim.