GEETA CHOPRA ALIAS SANGITA Vs. MADAN LAL

JUDGEMENT

(1.) THE plaintiff-petitioner's plea to adduce secondary evidence (for the proof of a registered sale deed dated 12.01.1987 executed by his deceased mother Satya Wati in his favour and also in favour of his brother) was declined by the learned Trial Judge vide order dated 26.02.2007. The evidence was sought to be adduced in rebuttal and to prove that Satya Wati was of sound and disposing mind at the time she executed the impugned Will.

(2.) THE learned Trial Court took view that no case for adducing of secondary evidence had been made out and that there also was no case for adducing that evidence in rebuttal because this evidence was to have been adduced by the plaintiff-petitioner in affirmative.

(3.) AN application filed by the petitioner for framing of additional issues had been earlier dismissed by the learned Trial Court vide order dated 10.02.2006. A Revision Petition (No. 1361 of 2006) filed by the petitioner was allowed by Hon'ble S.N. Aggarwal, J. vide order dated 03.04.2006 by framing the following issues on the pleadings of the parties :