T.H.B.Chalapathi, J.

1. The revision petition is filed against the order of the learned Additional Civil Judge (Senior Division) Karnal dated 20.1.1998 dismissing the application by the plaintiff-petitioner to lead secondary evidence in regard to the Will dated 13.8.1991 said to have been lost.

2. The plaintiff filed the suit for declaration and for permanent injunction. According to the plaintiff, his brother Khem Chand executed a Will on 13.8.1991. He further alleged that on 20.10.1995 he went to the District Consumer Forum, Karnal in a rickshaw and after reaching the Court premises, he found that the Will was missing from the pocket and he made a search of the Will, but he could not find out. He, therefore, lodged a complaint with the Police on 28.10.1995. It is also clear from the averments that a photostat copy of the Will has already been filed in the suit. The plaintiff, therefore, prayed for allowing him to lead secondary evidence. In order to prove the loss of the Will, the plaintiff examined himself as AW-1 and also one Shri Singh as AW-2 and Maha Singh as AW-3, who is Accountant in the District Consumer Forum. There is ample evidence on record to show that the ca