ANUJEET KAUR Vs. JANAK SINGH

JUDGEMENT

(1.) THIS is the defendants' petition against the order passed by the learned Civil Judge (Junior Division), Kasauli, District Solan allowing application filed by the plaintiffs under Section 65 of the Evidence Act (hereinafter referred to as the Act) for permission to lead secondary evidence to prove the Will which has been set up and propounded by the plaintiffs. Application was opposed by the defendants on a number of grounds including the plea that the facts necessary for invoking the jurisdiction of the Court have neither been pleaded nor proved on the record.

(2.) THE plaintiffs instituted application under Section 65 of the Act stating therein that the claim of the plaintiffs is based on the last Will dated 20.9.2007 executed by the testatrix. Application then proceeds that after the death of testatrix Smt. Sita Soni, the plaintiffs approached the revenue authorities at Kasauli for attestation of the mutation of the properties in their name on the basis of this Will. The Will was produced before the Assistant Collector 1st Grade, Kasauli on 16.05.2008. The averments in the application are unequivocal:

(3.) PLAINTIFF Janak Singh appeared as PW1 and states in his cross cross -examination: