IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Bipin Chander Negi, J
Naresh Kumar – Appellant
Versus
Bharti Sharma – Respondent
| Table of Content |
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| 1. relevant sections of the evidence act regarding secondary evidence. (Para 7) |
Bipin Chander Negi, Judge (oral)
The present petition has been preferred seeking the following relief:-
“(a) Kindly quash the impugned order dated 2.12.2022 (Annexure P-1X) and allow the i petitioners to lead secondary evidence of the registered Will dated 27.5.2014 before the learned Court below.
2. Heard counsel for the parties. Perused the impugned order and the documents appended alongwith the present petition.
3. The respondents in the case at hand are the plaintiffs before the trial Court. They have filed a suit for declaration claiming ownership of the suit land, on the basis of the same being a Joint Hindu Family Coparcenary Ancestral Property. Per contra, the present
petitioners/defendants claims a stake on the suit land on the basis of a Will dated 29.5.2014 made by one Surender Kumar.
4. Admittedly, the original Will dated 29.5.2014 is not on record. Hence, in the aforesaid facts and attending circum.stances, an application was filed on behalf of the petitioners/defendants for leading secondary evidence in
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