PREM CHAND Vs. TRIPTA DEVI & OTHERS

JUDGEMENT

(1.) BY means of this petition, the petitioner (hereinafter referred to as the defendant) has challenged the order dated 9th May, 2011, passed by the learned Civil Judge (Junior Division) -I, Dharamshala, whereby the application filed by the defendant for leading secondary evidence to prove the Will dated 03.02.1995, allegedly executed by his father, Shri Birbal, in his favour, has been rejected.

(2.) THE learned trial Court rejected the application only on two grounds. Firstly, that except for the bald statement of the applicant -defendant that he has lost the original Will dated 03.02.1995, there is nothing else to show that the same was actually lost and secondly, the applicant -defendant has not produced any of the marginal witnesses and any other person to prove this fact.

(3.) IN this case, there is prima facie, evidence that such a Will was produced before the revenue authorities. A case is made out for grant of permission to lead secondary evidence to prove the Will. Therefore, the petition is allowed and the defendant -petitioner is permitted to lead secondary evidence to prove the Will. It is made clear that by allowing this petition, this Court has not made any observation qua the validity of the Will and it is the learned trial Court who has to decide this issue on the basis of the evidence led before it.