Smt. Keela vs Ijaz Hasan and Others

Kanwaljit Singh Ahluwalia, J.—This revision petition has been preferred by the plaintiff to the suit, assailing the order dated 10.5.2011, passed by the Court of Civil Judge (Junior Division), Panipat, whereby an application filed by respondent/defendant No.2(iii)-Ram Kumar for leading secondary evidence to prove the registered Will has been allowed. In the said application, Ram Kumar has stated that the original will was handed over to one Ramesh, the purchaser of the property, who had died on 11.2.2009. Thus, the trial Court, considering that the Will being a registered one and its existence cannot be doubted, had permitted defendant No.2(iii)-Ram Kumar to lead secondary evidence.

Mr. Sandeep Singh Ghangas, Advocate, appearing for the petitioner, has submitted that this Will was the subject matter of another suit at Karnal, wherein the same has been discarded being surrounded by suspicious circumstances. He further submits that even the appeal filed to that suit has been dismissed. Therefore, leading of a secondary evidence will be nothing but a mere formality and thus futile.

At this stage, all that this Court can observe is that the plaintiff/petitioner, if so advised, in rebuttal evidence, can rely upon the findings given by another Court regarding the validity of the Will but at the same time, the defendants cannot be denied fair trial.

Therefore, to prove the registered Will, by way of secondary evidence, original of which has been lost, is just and appropriate in the facts and circumstances of the case.

Hence, no interference is warranted in the present revision petition and the same is hereby dismissed, in limine