TEJ MAAN SINGH Vs. LALITA GREWAL

JUDGEMENT

(1.) The present revision has been preferred against the order dated 26.02.2016, passed by the learned Civil Judge (Junior Division), Jalandhar, in civil suit No.52353/2013 titled as Tej Maan Singh Vs. Lalita Grewal, vide which the application moved by respondent-defendant for leading the secondary evidence to prove the registered Will dated 18.12.2000 allegedly executed by Dr. Harbhajan Singh in favour of respondent-defendant Lalita Grewal has been allowed.

(2.) As per the report of the office, notice issued to respondent has been received back duly served. However, none has put in appearance on behalf of the respondent.

(3.) Annexure P-2 is the copy of the application moved by the respondent-defendant before the learned trial Court for seeking permission to lead the secondary evidence wherein it is mentioned that at the time of sanctioning of the mutation, original Will dated 18.12.2000 was produced before the revenue authorities and this fact is also mentioned in the mutation itself. After sanctioning of the mutation, the original Will remained with the revenue authorities and was never returned to applicant-defendant. She tried her best to locate the said Will in original with the revenue authorities as well as herself but she failed to locate the same despite best efforts. Hence the original Will is not traceable on the part of the applicant-defendant and has lost for all intent and purposed. However, the copy thereof is available on the judicial record.