SATWANT SINGH Vs. AMAR KAUR

JUDGEMENT

(1.) Arguments were heard. Judgment was reserved. The judgment is being released.By this judgment, RSA Nos.3501 and 5131 of 2003 shall stand disposed of. Parties would be referred to by their name so as to avoid any error.

(2.) In the considered view of this Court, the following substantial questions of law arise for consideration:-

(3.) The Will dated 28.08.1995 is attested by three witnesses namely Sardara Singh (who has appeared as PW2), Amar Singh (who has appeared as PW3) and Karam Singh (who has not been examined in the suit). Scribe of the Will dated 28.08.1995 has been examined, PW1 Baljit Singh. No doubt, learned First Appellate Court has dismissed the application filed by the defendants for permission to lead secondary evidence in order to prove the Will dated 04.08.1995 as some part of the Will was found torn, however, this Court is of the opinion that issue would not require any decision.