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SATYEN VAIDYA
Rakesh Kumar Duggal – Appellant
Versus
Rajeev Kumar Duggal – Respondent
JUDGMENT :
Satyen Vaidya, J.
Aggrieved against the order dated 26.8.2021, passed by learned Senior Civil Judge, Sirmour District at Nahan, H.P., in Case No. 21/1 of 2019, petitioner has approached this Court by way of instant petition.
2. Parties hereunder shall be referred by same status, which they hold before learned trial Court. Respondents No. 1 and 2 herein are plaintiffs in Civil Suit No. 21 of 2019 before learned trial Court. Petitioner and proforma-respondents are the defendants. Petitioner herein is defendant No.2.
3. Plaintiffs and defendants are real brothers and sisters. Plaintiffs have filed a suit for declaration that they have inherited the share of their mother late Smt. Pushpa Rani in the suit property on the basis of her unregistered Will dated 25.2.2017. Defendants by way of their written statement have specifically denied the execution of Will by Smt. Pushpa Rani in favour of plaintiffs. Smt. Pushpa Rani is stated to have died on 6.4.2017.
4. Plaintiffs have not produced the original Will on record of the suit by alleging that on 13.6.2017, they had visited the Halqua Patwari for mutation of the estate of late Smt. Pushpa Rani and had handed over the original Will t
It is a settled position of law that for secondary evidence to be admitted foundational evidence has to be given being reasons as to why original Evidence has not been furnished.
The best evidence available should be produced before resorting to secondary evidence.
Will - Proof of documents by primary evidence.—Documents must be proved by primary evidence except When the original is shown or appears to be in the possession or power— of the person against whom t....
A party seeking to introduce secondary evidence must establish a proper foundation regarding the original document's possession and the reasons for its non-production, as mandated by Section 65 of th....
Civil Law – Secondary Evidence – Reliability of - A party to lis may choose to file an application which is required to be considered by trial court but if any party to suit has laid foundation of le....
Secondary evidence requires cogent evidence of document loss; mere assertions do not suffice under Section 65 of the Indian Evidence Act.
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