SANDEEP KHOSLA Vs. PARVEEN KHOSLA

JUDGEMENT

(1.) Present revision petition is to set-aside impugned order dtd. 18/8/2021 (Annexure P-5) passed by learned Civil Judge (Junior Division), Ludhiana, whereby in a suit instituted by respondent/plaintiff for declaration and permanent injunction, application filed by petitioner/defendant under Sec. 65 of the Indian Evidence Act for leading secondary evidence by producing photocopy of a Will, was dismissed.

(2.) Plaintiff/respondent herein has filed a suit for declaration before the Court below to the effect that suit property, is a Joint Hindu Family property and plaintiffs and defendant are co-owners in possession of 1/3rd share each. Transfer deed dtd. 27/11/2009 allegedly executed by late Surinder Nath Khosla in favour of defendant is illegal, null and void. Further consequential prayer has been made seeking permanent injunction as well.

(3.) Learned counsel for respondent opposes the petition on the ground that photocopy of Will per se is not admissible. It cannot, therefore, be allowed to be produced in secondary evidence. Qua the said proposition, learned counsel for petitioner is in agreement in law, but states that at the time of filing the application before learned Court below to produce secondary evidence, certified copy of original was not available, however, now the same has since been made available and he will produce the certified copy and not a photocopy.