KALIA ALIAS KALI RAM Vs. CHANNO DEVI

JUDGEMENT

(1.) THIS is a revision against the order dated 31.7.1999 passed by Civil Judge, Junior Division, Karnal whereby he dismissed the application moved by the defendants dated 6.10.1998 for permission to them to lead secondary evidence.

(2.) THROUGH this application, they sought permission to lead secondary evidence of registered Will dated 16.11.1974 said to have been executed by Mansa Ram deceased in favour of Kalia alias Kali Ram defendant No. 1. It was alleged in this application that the original Will had been handed over to Chaudhary Ved Pal Advocate, who was counsel for Mansa Ram in civil suit bearing No. 161 of 1979 titled Fatta Ram v. Mansa etc. It was further alleged that the said Will had remained in the brief of Chaudhary Ved Pal Advocate. Despite best efforts, that Will could not be traced, as such, necessity has arisen to prove the said Will by adducing secondary evidence. This application was opposed by Fatta son of Mansa Ram (a person of unsound mind) since deceased represented by his legal representatives Smt. Chhano Devi and others, wife and children of Fatta, who put in reply dated 27.10.98 denying the tenability of the grounds put forth in the application seeking permission to produce secondary evidence of that Will. It was alleged by the plaintiff that Mansa Ram never executed any Will nor he was competent to execute any Will. It was also alleged that the story was cooked up by the defendants that the said Will had been handed over by Mansa Ram to Ch. Ved Pal Advocate. Mansa Ram never executed any Will nor there was any occasion for him to have handed over that Will to Ch. Ved Pal Advocate. In order to make out case for secondary evidence, the defendants examined AW1 Jag Ram Clerk of Shri Rajinder Mohan Shrama Advocate and AW2 Kali Ram. In rebuttal, plaintiffs produced Smt. Kamla.

(3.) IT purports to have been executed by Mansa Ram in favour of Kalia alias Kali Ram. Production of certified copy of Will from the office of Joint Sub Registrar shows the existence of the original. When Kalia alias Kali Ram stated about the loss of the original at the hands of Ch. Ved Pal, Advocate or his staff, Jag Ram Clerk and Kalia alias Kali Ram should have been believed as to the loss of the original Will.