SHEESHANDEVI AND ANOTHER Vs. RAM MEHAR AND OTHERS

JUDGEMENT

(1.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 14.03.2012 passed by learned Civil Judge (Jr. Divn.), Sonepat whereby application moved by respondents no.1 to 5 seeking permission to prove photostat copy of unregistered Will dated 31.01.1978 allegedly executed by Smt.Attar Kaur daughter of Ratna, r/o village Kumaspur, by way of secondary evidence, has been allowed.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioners filed suit for declaration with consequential relief of permanent injunction against the respondents challenging mutation no.2635 dated 25.05.1987 sanctioned on the basis of alleged unregistered Will dated 31.01.1978. During the pendency of suit, respondents no.1 to 5 filed application for leading secondary evidence in shape of photostat copy of unregistered Will dated 31.01.1978 allegedly executed by Smt. Attar Kaur during her life-time.

(3.) It was mentioned in the application that the alleged unregistered Will was submitted by defendants no.1 to 3 to the revenue officials for sanction of mutation in their favour and mutation no.2635 was sanctioned on the basis of unregistered Will dated 31.01.1978. The said unregistered Will dated 31.01.1978 is not in the custody of defendants no.1 to 3 as the same was submitted to the revenue officials at the time of sanction of mutation. The said application was contested by the petitioners alleging that Smt. Attar Kaur never executed Will dated 31.01.1978 in favour of defendants no.1 to 3. The mutation no.2635 is a result of fraud and collusion with the revenue officials. Vide impugned order dated 14.03.2012, the trial Court after considering the pleadings allowed the application for leading secondary evidence. Hence, this revision petition.