PARSA SINGH Vs. PARKASH KAUR

JUDGEMENT

(1.) THIS revision petition has been filed by Parsa Singh, plaintiff against the order of the Subordinate Judge 1st Class, Batala, dated December 12, 1973.

(2.) BRIEFLY the facts of the case ere that the property in dispute originally belonged to Bal Singh, deceased, resident of village Sagarpura. Smt. Tej Kaur, the predecessor-in-interest of the plaintiffs, was the owner of land situated in village Basrai. She exchanged the land in dispute with Bal Singh. The said Smt. Tej Kaur executed a will in favour of the plaintiffs on April 18, 1958, regarding the property in dispute. They instituted a suit for possession of the land in dispute as heirs of Smt. Tej Kaur. The defendants contested the suit and denied the allegations of the plaintiffs, inter alia, pleading that no will was executed by Smt. Tej Kaur in favour of the plaintiffs. When the evidence was being led, the plaintiffs made an application seeking permission to lead secondary evidence regarding the will which was alleged to have been executed by Smt. Tej Kaur in their favour on the ground that the original one had been lost. The application was contested by the defendants. The trial Court dismissed the application on the ground that the plaintiffs had failed to make out a case to lead secondary evidence in accordance with the provisions of Section 65 of the Indian Evidence Act (hereinafter referred to as the Act ). Parsa Singh plaintiff, has come up in revision against the order of the Subordinate Judge 1st Class, dated December 12, 1973.

(3.) PART II of the Act relates to 'on Proof. Chapter V, which starts with Section 61 and ends with Section 90, deals with documentary evidence. Section 61 says that the contents of documents may be proved either by primary or by secondary evidence. Section 62 relates to primary evidence; Section 63, to secondary evidence; Section 64, to proof of documents by primary evidence; Section 65, to cases in which secondary evidence relating to documents may be given; and Section 74, to public documents. Section 64 says that the documents must be proved by primary evidence except in the cases thereinafter mentioned. Section 65 is as follows:-" 65. Secondary evidence may be given of the existence, condition or contents of a document in the following cases:-