Punjab-Haryana High Court
Gurmukh Singh vs Kulvir Singh on 10 July, 2019
114 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR No.4190 of 2019
Date of Decision: 10.07.2019
Gurmukh Singh
.....Petitioner
Versus
Kulvir Singh
........Respondent
CORAM: HON'BLE MS. JUSTICE NIRMALJIT KAUR
Present: Mr. J.K. Singal, Advocate
for the petitioner.
NIRMALJIT KAUR, J. (ORAL)
The present revision petition has been filed against the order dated 06.05.2019 passed by the Civil Judge (Junior Division), Phul (for short, the trial Court), vide which, the defendant has been allowed to lead secondary evidence qua the Will dated 02.05.1998 on the ground that the same has been misplaced by the Patwari.
Learned counsel for the petitioner at the outset restricts his prayer only to the extent that before the petition is allowed to lead the secondary evidence, the respondent must show evidence to the effect that the said original Will dated 02.05.1998 was indeed lost.
It is a well settled proposition of law that the secondary evidence qua a lost document can be permitted, subject to the defendant proving the factum of its lost. Therefore, it goes without saying that the same procedure will be followed.
Disposed of accordingly.
(NIRMALJIT KAUR) JUDGE 10.07.2019 sandeep Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No 1 of 1 ::: Downloaded on - 20-10-2019 14:50:05 :::