KASHMIR KAUR Vs. BAJ SINGH AND OTHERS

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 5.8.2015 [Annexure P/1] passed by Civil Judge [Junior Division], Ferozepur vide which permission to lead secondary evidence so as to prove the Will dated 16.4.1986 has been allowed.

(2.) Relevant facts of the case for the purpose of decision of this petition; that the plaintiff filed a suit for declaration that the plaintiff and defendants No.1 and 4 are the co-sharers to the extent of 1/3rd share each in the suit land measuring 66 Kanals 19 Marlas. During the pendency of the suit, application for leading secondary evidence so as to prove the Will dated 16.04.1986 was filed by the defendant taking the plea that the said Will was executed by Boor Singh in favour of Gurdeep Singh and Hardip Singh. The same was not traceable. However, the original Will was produced before the revenue officials and on the basis of the same, mutation was sanctioned in favour of the defendant. Photocopy of Will dated 16.4.1986 was produced before the Court.

(3.) Present petitioner as plaintiff contested the said application, taking the plea that the application for secondary evidence was not maintainable as there was no pleading that the original Will has been lost. The original Will was not produced in the Court despite Court order.