HARMANJIT KAUR Vs. JARNAIL SINGH

JUDGEMENT

(1.) Present revision petition is directed against the order dated 7.4.2011, passed by Civil Judge (Junior Division), Ambala whereby application moved by the defendant/ respondents for leading secondary evidence to prove unregistered 'Will' dated 15.10.2001 has been allowed.

(2.) Learned counsel for the petitioner has assailed the order. She has submitted that trial court has gravely erred in allowing defendants to lead secondary evidence to prove photo copies of the Will. According to her, this is not permissible in law. She has also emphasized that her father was entitled to 1/6th share in the property left by Bachan Singh. However, brothers of her deceased father wanted to deprive her of her legitimate share. Learned counsel has relied upon judgment J. Yashoda v. K. Shobha Rani, 2007 AIR(SC) 1721.

(3.) Plea has been opposed by learned counsel appearing for the respondents. She submits that respondents are entitled to prove the Will in question by leading secondary evidence.