Civil Revision No.7416 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7416 of 2011 Date of Decision : 02.12.2012 Champa Bai .......Petitioner Versus Samakaur and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Rajneesh Chadwal, Advocate, for the petitioner. **** JITENDRA CHAUHAN, J. (ORAL) The present revision petition under Article 227 of the Constitution of India has been filed against the order dated 6.9.2011 (Annexure P-1) passed by the learned Additional Civil Judge, Sr. Divn., Narnaul, whereby the application for leading secondary evidence filed by the petitioner has been dismissed. The learned counsel has fairly contended that though sufficient opportunities were afforded to the petitioner-plaintiff, however, the scribe of the Will and the attesting witnesses are yet to be examined as the whole case of the parties hinges upon this document. The Will in question was scribed about 37 years back. 1 Civil Revision No.7416 of 2011 Though the order passed by the learned trial Court does not contain any illegality. However, in the interest of justice and in view of the fact that the document sought to be produced would have a material bearing on the outcome of the suit, one opportunity is granted to the lead the secondary evidence, subject to the payment of `25,000/- as costs. The petitioner has to prove the existence and the subsequent loss of the original Will and also that the Will was never cancelled in any manner by the executant. However, the admissibility of evidence on this point will be appreciated at the time of the final decision of the case on merits. The learned Civil Judge will fix the date for leading secondary evidence. Disposed of. ( JITENDRA CHAUHAN ) 02.12.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2