C.R.No.1232 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.1232 of 2009. Decided on August 19, 2009. Balbir Kaur and another .. Petitioners VERSUS Balbir Singh and others. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Ms.Madhu Sharma, Advocate, for the petitioners. Mr.R.S.Ghuman, Advocate, for the respondents. M.M.S. BEDI, J. (ORAL) Vide impugned order, the application of defendants seeking the direction of letter of request for examination of Tarsem Singh Gosal, the attesting witness of Will dated 31.08.1988, at Canada, has been dismissed by giving further opportunity to the defendants to conclude their evidence by March 2009. The Court has observed that neither the original will has been produced by defendant No.3 nor any steps have been taken to examine the witnesses. The Court has observed that though the provisions of . . . 1 C.R.No.1232 of 2009 Chapter 11 of Volume I, Rules and Orders of Punjab and Haryana High Court and CPC, permit the sending a letter of request, though before exercising the said jurisdiction, the Court has to be satisfied regarding prima facie existence of the document and the probability of it being proved by sending a letter of request in case the witnesses are stated to be residing abroad. Merely on the basis of the vague allegations neither a fishing enquiry can be permitted nor letter of request can be sent. No ground is made out for interference in the order dated 02.02.2009. The petition is dismissed. However, it is directed that the defendants will be given a period of six months after thenext date of hearing to produce the document and the attesting witnesses of the Will dated 31.08.1988, referred to in the pleadings. (M.M.S.BEDI) JUDGE August 19, 2009. rka . . . 2