KANWALJIT SINGH AHLUWALIA

1. The present revision petition has been filed impugning the order dated 07.09.2010 passed by the Court of Civil Judge (Junior Division), Karnal whereby the application of the petitioner to lead secondary evidence was declined.

2. The petitioner had filed an application (Annexure P-3) in the suit for mandatory injunction filed by the plaintiff-respondent that she has become absolute owner of the property as deceased-Smt. Ram Bai had executed a Will dated 29.11.1981 in her favour. It was stated in the application (Annexure P-3) that the original Will had lost in the Court premises and same could not be traced out and regarding the loss of Will a DDR was recorded in Police Post, Sector -13, Urban Estate, Karnal. The trial Court had dismissed the application for proving the Will by leading secondary evidence for the reason that the petitioner-defendant had availed six effective opportunities and the application should have been filed at the first instance. Furthermore recording of Daily Dairy Report was construed by the trial Court as an afterthought. It is not disputed that the factum of Will was pleaded in the written statement and photocopy of th