IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.131 of 2008 Date of Decision: 25.1.2008 Vijay Kapoor .....Petitioner Vs. Smt.Kanta Kapoor and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.A.K. Chopra, Sr.Advocate with Mr.Harminder Singh, Advocate for the petitioner. Mr.Rajesh Gupta, Advocate for respondents no.1 to 4. ... RAJIVE BHALLA, J (Oral) Learned counsel for the parties are ad-idem that the learned trial Court could not have dismissed the application for leading secondary evidence, on the ground that the petitioner had not served a notice in advance, calling upon the defendant, to produce the Will, as in the written statement, the petitioner had specifically averred that the Will was in the possession of the plaintiffs, whereas the plaintiffs in their replication asserted that they were not in possession of the Will. In view of the aforementioned statement, the order dated 24.12.2007 is set aside and the matter is remitted to the trial Court, to decide the application for grant of secondary evidence, afresh, in accordance with law, by taking into consideration the principles that govern the grant of liberty to lead secondary evidence. Parties are directed to appear before the trial Court on 27.2.2008. The learned trial Court shall decide the application within 15 days. Disposed of accordingly. 25.1.2008 ( RAJIVE BHALLA ) GS JUDGE