BALBIR SINGH Vs. AVTAR SINGH AND OTHERS

JUDGEMENT

(1.) Balbir Singh defendant no. 1 has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India impugning order dated 5.1.2013 passed by learned trial court thereby dismissing application Annexure P/4 filed by the petitioner for secondary evidence of alleged Will dated 22.9.2001. Respondent no. 1-plaintiff Avtar Singh has filed suit claiming registered Will dated 6.12.2000 executed in favour of plaintiff and proforma defendant no. 8 by plaintiff's maternal grand father Bhagat Singh whereas defendant no. 1 petitioner who is son of Bhagat Singh has set up unregistered Will dated 22.9.2001 in his favour allegedly executed by Bhagat Singh.

(2.) In application Annexure P/4, defendant no. 1 alleged that the original Will dated 22.9.2001 was produced in mutation proceedings wherein statements of marginal witness and scribe thereof and also statements of defendants no. 1 to 7 were recorded by the revenue officer and the Will was retained by the revenue officer. However, Office Kanungo, who was summoned with the record of the mutation, has stated that the Will is not available in the revenue record. Accordingly, defendant no. 1 prayed for permission to lead secondary evidence of the Will in question.

(3.) Plaintiff by filing reply Annexure P/5 opposed the application and denied the existence and loss of the alleged Will.