CR No. 2375 of 2012 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 2375 of 2012 (O&M) Date of decision: December 13, 2012 Ranjit Kaur ...Petitioner Versus Darshan Singh and others ...Respondents CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. DS Brar, Advocate, for for the petitioner. Ms. Shivani Singla, Advocate, for Mr. Harsh Aggarwal, Advocate, for respondent No.1. A.N. JINDAL, J. An application filed by the plaintiff/petitioner (herein referred as 'the plaintiff') for leading secondary evidence to prove the execution of the Will dated 15.9.2005 was dismissed by the trial court. Hence this petition. The plaintiff having filed suit for possession with claiming his rights on the basis of the Will, should have attached the original copy of the Will alongwith the plaint, but the same was not done. The Will is unregistered and is not even scribed by a petition writer. In the absence of the original will, it would be difficult to get the thumb impressions of the testator on the said will compared. The proof of loss is also not proved. Since the original Will was not attached with the plaint, therefore, the application was filed by the defendants on 25.1.2010 for production of the said Will. It is in this back ground that application for leading secondary evidence was filed. CR No. 2375 of 2012 2 It is pleaded that the photostat copy of the Will was handed over to Darshan Singh by Bakhtaur Singh and later on Darshan Singh gave that copy to the plaintiff. It is also alleged that the original Bahi alongwith other articles were set on fire by the in-laws family of Bakhtaur Singh after his death. But a different stand has been taken by the plaintiff in the proceedings taken before the Assistant Collector Ist Grade, Faridkot, regarding the sanctioning of mutation No.1170 of inheritance of Bakhtaur Singh entered in favour of defendant No.1. The defendants have placed on record the certified copy of order dated 27.5.2009 passed by the Assistant Collector Ist Grade, Faridkot, in which a reference has been made to the statement of plaintiff recorded in those proceedings. As per her statement, Bakhtaur Singh had got scribed the Will in his presence and on her asking the copy of the same, he had given the said copy to her after some days. She has also stated that Bakhtaur Singh came with Darshan Singh scribe to get the copy of original Will for plaintiff. Thus, from the different stand taken by the plaintiff in her reply to the application for production of documents moved by defendants from her statement made during the proceedings relating to mutation of inheritance of Bakhtaur Singh, the very existence of Will dated 15.9.2005 becomes doubtful. The trial court, in the facts and circumstances of the case, rightly declined the application for leading secondary evidence. No merits. Dismissed. December 13, 2012 (A.N. JINDAL) prem JUDGE