Sureshwar Thakur, Judge. (Oral)

The respondents are the propounders of the Will of deceased Gita Ram. Under his testamentary disposition, Gita Ram conveyed therein his rights and interest in the suit property in favour of the respondents herein. Since the condition of the testamentary disposition of the deceased Gita Ram, executed by the latter in favour of respondents herein stood mutilated, hence, a certified copy thereof was proposed to be adduced in evidence by the respondents herein by instituting an application under Section 65 of the Indian Evidence Act. Even though, the provisions of Section 63 of the Indian Evidence Act define the phrase “secondary evidence”, whose provisions stand extracted hereinafter:-

“63. Secondary evidence.—Secondary evidence means and includes—

(1) Certified copies given under the provisions hereinafter contained;

(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;

(3) Copies made from or compared with the original;

(4) Counterparts of documents as against the parties who did not execute them;

(5) Oral accounts of the contents of a document given by