Arun Bhansali, J.

This writ petition is directed against order dated 08.02.2016 passed by the trial court, whereby, the application filed by the petitioner under Section 45 of the Evidence Act, 1872 ('the Act') has been rejected.

2. The respondent No. 1 filed proceedings under Sections 272 and 370 of the Indian Succession Act, 1925 seeking grant of probate of the Will said to have been executed by his father Shri Srikishan Vyas.

3. The application was opposed by the petitioner along with another brother Shashi Kant Vyas and it was claimed that the Will was cancelled by another document dated 08.10.2007.

4. A replication was filed by the respondent, inter alia, denying his signatures and that of his father on the document in question.

5. The petitioner filed application under Order 11, Rule 14 CPC for production of the document, which application was rejected by the trial court.

6. Where after, petitioner filed application under Section 65 of the Act for production of secondary evidence, which was allowed and a photo copy of the document dated 08.10.2007 was permitted to be produced as secondary evidence.

7. During the course of cross-examination of PW-1 - plaintiff, the petition