GURDEV SINGH Vs. GEJO DEVI

JUDGEMENT

(1.) Defendant No. 1 Gurdev Singh has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 10.09.2009 (Annexure P-2), passed by learned Civil Judge (Junior Division), Pehowa, thereby dismissing petitioner's application for secondary evidence.

(2.) Suit has been filed by respondent No. 1 Gejo Devi against petitioner and proforma respondents No. 2 and 3. The petitioner is brother of all the three respondents, who are his sisters. The petitioner has set up Will dated 03.06.1999 allegedly executed by his mother, whereas plaintiff- respondent No. 1 has based her claim on the basis of natural inheritance.

(3.) Petitioner, in application Annexure P-1, moved for permission to lead secondary evidence of the Will, alleged that he had produced the Will before the revenue authorities at the time of entry and attestation of mutation No. 3358, but now the said Will is not available in the record of the revenue authorities, as stated by Sadar Kanungo, examined as DW-2.