SURJEET KAUR Vs. MALKEET KAUR

JUDGEMENT

(1.) The present revision petition filed by Surjit Kaur is directed against the order passed by the learned Civil Judge (Jr. Division), Gidderbaha dated 20.2,1996. By virtue of the impugned order the learned Trial Court dismissed the application filed by the petitioner.

(2.) The relevant facts are that the petitioner submitted an application seeking permission to produce secondary evidence with respect to the alleged Will dated 5.4.1991. It had been asserted that a Will was executed by Bakhtarwar Singh in favour of Makhan singh and Surjit Kaur. The same had been produced when the proceedings took place for mutation before the Revenue Officer who had sanctioned the mutation on 26.9.1995. The said Will was stated to have been retained by the Revenue Officer. The said Will was stated to be not traceable and thus permission was claimed to lead secondary evidence. Notice of the application had been issued to the respondents. The respondents contested the same and denied the assertions. It was pointed that the alleged Will was fictitious and a forged document.

(3.) The learned Trial Court after hearing the parties' Counsel dismissed the application holding that there was no such Will on the file of the Revenue Authorities. The trial Court further recorded that patently no such unregistered will had been produced before the Revenue Authorities and question of its being lost does not arise. Aggrieved by the same, the present revision petition has been filed.