IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 10 OF FEBRUARY, 2026 MISC. PETITION No. 7230 of 2025 KU ISHIKA VAIDYA THROUGH NATURAL GUARDIAN SMT SHALINI SINGH VAIDYA Versus DIVYAMAN SINGH VAIDYA AND OTHERS Appearance:

Shri Manoj Kumar Sanghi - Advocate for the petitioner.

ORDER The present petition has been filed challenging the order passed by the trial court, whereby the trial court has rejected application under Section 63 and 65 of Indian Evidence Act (Section 60 B.S.A. 2023), whereby the petitioner/plaintiff has sought to lead secondary evidence of the will executed by the testator.

2. The necessary facts for the disposal of the present petition are that the suit has been filed for declaration on the basis of will by the minor plaintiff and the will had been allegedly executed in her favour by the maternal aunt of her father. The suit is being contested by the father and uncle of the petitioner and the petitioner is being represented through her mother. It is her specific assertion in the suit that the aunt of her father had executed a will in her favour on 28.10.2011 prior to her death which took place on 30.03.2012.

3. The suit is