KARAMJIT SINGH Vs. JAGMAIL SINGH

JUDGEMENT

(1.) By way of present revision petition challenge has been made to an order dtd. 23/10/2018 (P-1) passed by the Court of Additional Civil Judge (Sr. Division), Moga; whereby prayer made on behalf of petitioners/ defendants (hereinafter referred to as'the petitioners') for seeking permission to lead secondary evidence in order to prove registered Will dtd. 29/12/1988, purportedly executed in their favour, has been declined.

(2.) Facts leading to the present case revision petition that the respondents/ plaintiffs (hereinafter referred to as'the respondents') filed a suit for declaration claiming the estate left by deceased Babu Singh, based on a Will dtd. 24/1/1989.

(3.) Upon notice, petitioners appeared and set up a registered Will dtd. 29/12/1988 executed by Babu Singh in their favour. During trial, the petitioners moved an application under Sec. 65 of the Indian Evidence Act, 1872, seeking permission to prove the Will dtd. 29/12/1988 by way of secondary evidence. The said application was contested by the respondents by way of filing their objections to it.