The court confirmed the necessity of legally proving a Will's execution, highlighting that a certified copy cannot replace the original unless statutory conditions for secondary evidence are met.

JUDGMENT :

SANDEEP JAIN, J.

1. I have already heard Sri Tarun Agrawal learned counsel for the appellant and Ms. Pratiksha Rai learned counsel for the respondent on 19.09.2025. The case was fixed for today for exploring the possibility of compromise between the parties but the parties have failed to arrive at a compromise, as such, the matter is being disposed today, on merits.

2. The instant appeal under Section 96 CPC has been filed by the plaintiff against the exparte impugned judgment and decree dated 25.01.2024 in O.S. No.446 of 2020 (Khubi Ram Vs. Bhoop Singh & others), passed by the court of Additional District Judge, Court No.9, Ghaziabad, whereby the plaintiff's suit for the relief of declaration of being the owner of disputed property, on the basis of the registered Will dated 20.01.2011, has been dismissed on the ground that the Will has not been proved in accordance with law.

3. Factual matrix of the case is that the plaintiff filed O.S. No.446 of 2020, in the trial court against the defendants-respondents with the averments that the plaintiff and the defendants are the real brothers who are the successor of Ram Swaroop, who had purchased the disputed property house No.85-A, Nagar Nigam, No.27, a single storeyed house, constructed on area of 131.25 square yard consisting of two rooms, latrine, bathroom, tin shed, situated in Anand Vihar colony, village Nasarpur, Pargana Loni, Tehsil & District Ghaziabad, the boundaries of which have been mentioned at the end of the plaint, through sale deed dated 20.04.1977. The plaintiff submitted that due to his care and nursing, his father Ram Swaroop, who is also the father of the defendants, executed a registered Will dated 20.01.2011, in his favour, which was registered in book No.3, Zild No.471, at page Nos.269-280, serial No.26 in the office of the Sub Registrar, Ist, Ghaziabad. The Will was executed by Ram Swaroop willingly when he was in fit mental condition without any coercion and undue influence. The plaintiff further averred that this was the last Will of his father and the defendants were aware of that Will. After the execution of the Will, the plaintiff's father Ram Swaroop died on 16.12.2011 in Sarvodaya Hospital, Kavi Nagar, Ghaziabad and, as such, after the demise of his father, he became the owner of the disputed property on the basis of the above registered Will. The plaintiff averred that the intention of the defendants had become malafide who refused to accept his ownership on the basis of the above Will, as such, he had no other option, but to seek declaration of his ownership on the basis of the above Will. In this background, the plaintiff claimed the following relief:-

(i) By declaratory decree granted in favour of the plaintiff against the defendants, the plaintiff be declared the owner of the disputed property, which is house No.85-A, Nagar Nigam No.27, a single storeyed house, constructed in an area of 131.25 square yard, consisting of two rooms, latrine, bathroom, tin shed, situated in Anand Vihar colony, village Nasarpur, Pargana Loni, Tehsil & District Ghaziabad.

4. The trial court presumed sufficient service on the defendants vide order dated 13.09.2021 and when the defendants did not appear before the trial court, by order dated 26.10.2021, the trial court proceeded exparte against the defendants.

5. In the documentary evidence, the plaintiff submitted a certified copy of the alleged Will dated 20.01.2011, photo copy of his Aadhaar Card, photocopy of death certificate of his father Ram Swaroop. In oral evidence, the plaintiff filed his affid