KULBIR KAUR Vs. NIRMALJIT KAUR AND OTHERS

JUDGEMENT

(1.) Learned counsel for the petitioner states that respondents no.2 and 8 are the only contesting respondents, as only they have contested the application before trial Court, therefore, service upon the remaining respondents may be dispensed with. In view of this, service qua the remaining respondents is dispensed with.

(2.) Instant civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 16.08.2012 (Annexure P-5) passed by learned Civil Judge (Jr. Divn.), Nakodar whereby application moved by the petitioner-plaintiff under Section 65 of the Indian Evidence Act, 1872 ( in short "the Act") seeking permission to prove certified copy of registered Will dated 19.03.1997 allegedly executed by Jasvir Kaur in her favour, by way of secondary evidence, has been dismissed.

(3.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that the petitioner-plaintiff filed suit for declaration and permanent injunction against the respondents. During the pendency of suit, the petitioner-plaintiff filed application for proving certified copy of registered Will dated 19.03.1997 allegedly executed by Jasvir Kaur in her favour by way of secondary evidence. It was alleged in the application that the original Will was on the mutation file. The said file was summoned from the office of Kanungo, but he could not produce the said Will and got recorded his statement to that effect. The said application was contested by the respondents on the ground that the statement of Daftar Kanungo does not show that whether the alleged Will sought to be proved by secondary evidence was on the file. Vide impugned order dated 16.08.2012, the trial Court after considering the pleadings dismissed the said application. Hence, this revision petition.