HARBHAJAN SINGH Vs. BALWANT SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff Harbhajan Singh has invoked jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 02.11.2010, passed by learned Civil Judge (Junior Division), Zira, thereby allowing application moved by defendant no. 2 for secondary evidence of Will allegedly executed by Massa Singh in favour of defendant no. 1 Baba Kundan Singh I have heard learned counsel for the parties and perused the case file.

(2.) Defendants examined DW-5 Gurmeet Singh, who was summoned with file of mutation no. 1732, which was allegedly sanctioned on the basis of the alleged Will. Gurmeet Singh stated that file of the aforesaid mutation has been destroyed as Tehsil complex premises had fallen down. In view thereof, defendant no. 2 sought permission to lead secondary evidence of the Will.

(3.) Plaintiff-petitioner, in his reply, repudiated the averments made in the application and pleaded that no Will, as alleged, was executed by Massa Singh and mutation no. 1732 is not related to the alleged Will.