TEJ SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) THIS petition is directed against the order dated 30.7.2010 whereby the learned Trial Court rejected the application filed by the petitioner (hereinafter referred to as the 'defendant') to produce and prove on record the Will dated 16.4.1987.

(2.) IT would be pertinent to mention here that earlier the defendant had filed an application under Section 65 of the Indian Evidence Act in which it was alleged that the defendant be given permission to lead secondary evidence to prove the Will, certified copy of which was on record. The only ground set out for allowing this application was that the original Will is not in the custody of the applicant -defendant. The learned Trial Court vide its order dated 7.11.2008 rejected this application mainly on the ground that the defendant had failed to prove that the Will had not been destroyed or lost and, therefore, the circumstances which are required to attract the provisions of Section 65 of the Indian Evidence Act had not been proved on record.

(3.) THE parties are directed to appear before the learned Trial Court on 13th December, 2010. The Registry is directed to send the record of the learned Trial Court back so as to reach well before the said date.