C.R. No. 3619 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3619 of 2009 Date of Decision: August 12, 2009 Simrat Singh and another …..Petitioners Vs. Atam Darsi Singh and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Ashok Singla, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) The defendants have filed this petition aggrieved by the order dated May 16, 2009 by virtue of which the plaintiff- respondents have been given permission to prove the Will dated January 10, 1994 through secondary evidence. Counsel for the petitioners submits that the loss of the document is not established as such the order is illegal. C.R. No. 3619 of 2009 [2] I have heard counsel for the petitioner at length and taken into consideration all the circumstances mentioned in the application for permission to prove the abovesaid Will by secondary evidence. It appears that this revision petition has been filed under a misconception that the alleged document has been permitted to be admitted. It is made clear that to grant leave to lead secondary evidence does not mean that the document is admitted in evidence nor it is the finding of existence of any condition indicated in Section 65 of the Evidence Act. It amounts to upholding an enquiry regarding the existence of the document and its loss under some circumstances. The failure or success to prove the existence of document or its loss cannot be pre-determined that too without providing opportunity. Whether the Will is proved or not, will be seen after the leave is granted and the material evidence produced is evaluated. It is also apparent from the impugned order that the permission has been granted to lead secondary evidence subject to proving its existence and loss of the document which has been permitted to be proved by secondary evidence. This petition is dismissed. However, making it again clear that the permission will not tantamount to be an expression of opinion regarding the relevancy, admissibility, mode of proof, existence or loss of document. August 12, 2009 (M.M.S.BEDI) sanjay JUDGE