ASHA RANI Vs. INDERJIT SHARMA

JUDGEMENT

(1.) THE defendants are the petitioners before this Court. Their application for permission to lead secondary evidence on the Will dated 12.04.1999 has been declined by the trial Court. They claim that the provisions of Section 65 of the Indian Evidence Act, 1872 (for short 'the Act') set out a procedure for leading secondary evidence on one the happening of one of the events ascribed for loss of the primary evidence.

(2.) WHAT is asserted is a right to lead evidence on the secondary evidence. In the present case, such a situation arises out of a plea taken by the defendants with respect to the original Will dated 12.04.1999 which is stated to have been weeded out from the record maintained by the Assistant Collector Ist Grade, Amritsar in terms of instructions of Punjab Government issued for weeding out record on lapse of prescribed time by order. Therefore, the need to lead secondary evidence of the primary evidence.

(3.) THEREFORE , the petition is accepted. The impugned order is set aside. The defendants are permitted leave to follow the procedure inherent in section 65 of the Act for leading evidence on the secondary evidence as they might wish in defense of the suit in accordance with law.