SATWANT SINGH Vs. AMAR SINGH AND OTHERS

JUDGEMENT

(1.) Satwant Singh-plaintiff/petitioner has filed this civil revision petition against respondents Amar Singh etc. under Article 227 of the Constitution of India for setting aside the impugned order dated 6.7.2013 (Annexure-P.1) passed by the Additional Civil Judge (Senior Division), Jagraon, whereby the defendants/respondents have been permitted to prove Will dated 18.7.1994 by way of secondary evidence ignoring the settled law and pleading of the parties.

(2.) Notice of motion was issued in this case. Learned counsel appeared for contesting respondents No.1 and 2 and contested this petition. Service upon proforma-respondents No.3 to 5 has been dispensed with.

(3.) From the record, I find that the defendants/respondents filed application for permission to prove the Will dated 18.7.1994 by way of secondary evidence. It was pleaded that the plaintiffs in the instant suit have challenged the Will dated 18.7.1994 and the mutation was sanctioned on the basis of the same. Issue No.1 has been framed as to whether Smt. Jit Kaur validly executed the Will dated 18.7.1994 in favour of the defendants. The initial onus to prove the Will is on the defendants/ respondents. The defendants/respondents were under the impression that the original Will must be in the file of mutation case and accordingly they summoned the mutation file and examined DW-1 Amanpreet Singh, Record Keeper, upon whose examination and upon perusal of the file of mutation case it was found that the original Will was not there in the file. Rather, a photo copy of the will stands proved in the mutation case as Ex.A.1. The defendants/respondents have made a thorough search at all possible places, where the original Will could be found, but they have not been able to find the original Will.