NARPAT SINGH Vs. BHANWAR SINGH

JUDGEMENT

(1.) The challenge in this petition pertains to an order dtd. 18/10/2024 (Annex.6) passed by the learned Additional District Judge, Sojat City, Pali, in Civil Original Case No.5/2020, vide which, the application filed by the petitioner-plaintiff under Sec. 60 of the Bharatiya Sakshya Adhiniyam, 2023 (inadvertently cited as Sec. 65 of the Indian Evidence Act, 1872 before the trial court), seeking to place a copy of the Will on record, was rejected.

(2.) Case set up in the petition is that the petitioner-plaintiff filed a suit against the respondent-defendant, seeking a declaration of ownership over Plot No. 21 based on a Will dtd. 10/3/2009, executed by his father, along with a prayer for a perpetual injunction. The plaintiff averred that the plot was owned by his father, as evidenced by a patta issued by the Sojat Municipality vide allotment sale letter No. 68/2002-2003.

(3.) In the aforesaid backdrop, I have heard learned counsel for the petitioner and have perused the case file.