SURINDER KAUR Vs. MEHAL SINGH

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 01.08.2013 (Annexure P-5) passed by learned Civil Judge (Sr. Divn.), Amritsar whereby application moved by respondents-defendants under Section 65 of the Indian Evidence Act, 1872 (in short "the Act") seeking permission to prove certified copy of Will dated 09.09.1992 allegedly executed by deceased-Dara Singh in favour of his sons i.e. respondents no.1 to 3, by way of secondary evidence, has been allowed, subject to proof of its loss and execution.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner-plaintiff filed suit for separate possession by way of partition claiming 1/7th share in the property left by her father Dara Singh, who died on 02.08.1994.

(3.) Upon notice, the respondents put in appearance and filed written statement and set up the alleged Will dated 09.09.1992 allegedly executed by deceased-Dara Singh in favour of his sons i.e. respondents no.1 to 3. During the pendency of suit, the respondents moved application to prove the alleged Will dated 09.09.1992 by way of secondary evidence on the ground that the same has been misplaced and is not traceable despite of best efforts and certified copy of the same is already on the file. The said application was contested by the petitioner alleging that the alleged Will dated 09.09.1992 is a forged and fabricated document. No such Will was ever executed by deceased-Dara Singh during his life-time. No copy of DDR or FIR, got recorded regarding loss of the alleged Will, has been produced by the respondents.