V.K.Jhanji, J.

1. This revision petition is directed against the order of the trial Court whereby application filed by the plaintiff to prove Memorandum of partition dated 4.2.1978 by way of secondary evidence, was dismissed.

2. Plaintiff (petitioner herein) filed a suit, against her brother, Lal Chand, for possession by way of partition of the properties as fully detailed in the body of the plaint, on the allegation that her father, Hem Raj, was the owner and on his death, she became entitled to inherit the property to the extent of half share. Defendant (respondent herein) in his written statement set up a Will alleged to have been executed by the deceased-father, in his favour. In the replication plaintiff alleged that the defendant along with his father and uncle executed memorandum of partition dated 4.2.1978. During the course of evidence, an application was filed by the plaintiff to prove memorandum of partition by way of secondary evidence. On contest, this application was dismissed by the trial Court primarily on the ground that plaintiff had no-where alleged in her application that as to how the document was lost, destroyed or was in possession of the defendant. T