RICHHPAL SINGH Vs. IQBAL SINGH AND OTHERS

JUDGEMENT

(1.) Petitioner has assailed the order dated 08.12.2016 passed by the Civil Judge (Senior Division), Shahabad, whereby application under Section 65 of the Evidence Act for leading secondary evidence in the suit was rejected.

(2.) The application was filed by the plaintiff/petitioner on the basis of Will dated 07.01.2011 to the effect that he has become owner of the suit property after the death of Smt. Mahender Kaur. It was submitted earlier that the plaintiff along with his family was residing at Ambala and after his retirement, he has shifted to ancestral house in Shahabad in July 2015. During shifting of the house, the original Will dated 07.01.2011 got misplaced somewhere in the ancestral house and the same was not traceable despite due efforts. Plaintiff sought to produce certified copy of Will in question as secondary evidence. The Will was a registered document with the office of Sub Registrar, Ambala.

(3.) The prayer was declined by the trial Court on the ground that the Will has to be proved by examining at least one attesting witness. The registration of Will will not enhance or diminish the authenticity and genuineness of the same. Proving the execution of the Will is the subject matter of leading evidence by the plaintiff at appropriate stage.