IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.2082 of 2008 (O&M) Date of Decision : 14.09.2009 Ashwani Kumar @ Ashok Kumar .....Petitioner versus Deepak Kumar and others .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.R.S.Mamli, Advocate, for the petitioner. Mr.Munish Mittal, Advocate, for respondent Nos.3 & 4. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) This revision petition is directed against the order dated 13.2.2008 passed by the Additional Civil Judge (Senior Division), Yamuna Nagar at Jagadhri, whereby the petitioner-plaintiff's prayer to take on record and exhibit the photostat copy of an alleged Will dated 22.10.1988, has been declined. Notice of motion was issued and in response thereto, counsel for the parties have been heard. It is not in dispute that earlier an application moved by the petitioner-plaintiff to lead secondary evidence to prove the Will dated C.R. No.2082 of 2008 (O&M) 2 22.10.1988 was allowed, obviously for the reason that the original document is not traceable. That being so, the learned Civil Judge ought to have permitted the petitioner-plaintiff to produce the photostat copy of the Will dated 22.10.1988 on record and get the same exhibited. However, mere exhibition of the Will on record would not amount to admission of its contents or its acceptance as a validly executed Will. In other words, the respondent-defendants would be well within their right to question the genuineness of the Will at the appropriate stage. In this view of the matter, this revision petition is allowed; the impugned order dated 13.2.2008 is set-aside and the petitioner-plaintiff is permitted to bring on record a photostat copy of the Will dated 22.10.1988 and get the same exhibited, subject to the right of the respondent- defendants, as observed above. Dasti. 14-09-2009 (SURYA KANT) Mohinder JUDGE