VIJAY KAPOOR Vs. KANTA KAPOOR

JUDGEMENT

(1.) Defendant No. 1 Vijay Kapoor has filed the instant revision petition under Article 227 of the Constitution of India challenging order dated 12.3.2008 passed by learned Civil Judge (Senior Division), Panchkula, Annexure P/9 thereby dismissing application of petitioner for permission to lead secondary evidence of alleged Will dated 15.8.1984 executed by petitioner's father Prithvi Raj Kapoor since deceased.

(2.) This is unfortunate litigation among the family members of late Prithvi Raj Kapoor. Suit has been filed by respondent Nos. 1 to 3. Respondent No. 1 is wife of Prithvi Raj Kapoor whereas respondent Nos. 2 and 3 and also the petitioner-defendant No. 1 are his sons. Defendant Nos. 2 and 3/respondent Nos. 4 and 5 are daughters of Prithvi Raj Kapoor.

(3.) Defendant No. 1 has claimed that Prithvi Raj Kapoor executed Will dated 15.8.1984 in his favour regarding disputed house.