SMT. MANORAMA Vs. KU. SHANU

JUDGEMENT

(1.) Heard.

(2.) Respondents No.1 to 3 being the plaintiffs filed the suit of declaration, permanent injunction and recovery of Rs. 1,12,41,459.00. In para 4 of the plaint, there is a description of Will dated 15.11.2009 executed by Late Navin Lambhate. According to the plaintiffs, said Will was read over in the presence of the relatives during 13th day of last ceremony and the photocopy was handed over to plaintiff No.3.

(3.) During pendency of the plaint, the plaintiffs filed an application under section 65 of the Evidence Act seeking permission to prove the photocopy of the Will dated 15.11.2009 as secondary evidence. According to the plaintiffs, photocopy of the said Will was handed over to them by Shri Babulal Gupta, Notary and also informed that he has handed over the original copy to the executant of the Will and despite several efforts, the plaintiffs could not find the original copy fo the Will, hence, they may be permitted to prove the same as secondary evidence.