V.K.Bali, J.

1. During the pendency of this Regular Second Appeal which arises from judgment and decree passed by the trial Court decreeing the suit of plaintiff Jagdish Chander and so confirmed by the first Appellant Court, this application Under Section 65 of the Indian Evidence Act for permission to lead secondary evidence so as to prove the will set up in the written statement has been filed. Notice of this application was given to plaintiff-respondent, who has filed reply and opposed the prayer contained in the application.

2. Before the plea raised by Mr. C.B. Goel, Advocate assisted by Mr. Anil Khetarpal, Advocate, learned counsel for the applicant for allowing the application aforesaid is dealt with, it will be useful to trace briefly the facts of the case. Jagdish Kumar @ Jagdish Chander respondent (here-in-after to be referred as plaintiff) filed suit for declaration. The burden of his plaint was that he, Satish Kumar and Wazir Chand sons of Shri Pokhar Dass were three brothers. Wazir Chand died leaving behind his widow, Ram Devi, son of Par-veen Kumar and three daughters, Sunita Rani, Narbta Rani and Veena Rani. Pokhar Dass was owner of agricultural land comprise