IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6218 of 2010 Date of Decision: 27.09.2010 Poonam Rathore .... Petitioner Versus Surender Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Vivek Khatri, Advocate for the petitioner ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 4.9.2010 passed by Addl. Civil Judge (Sr. Divn.) Jhajjar whereby an application moved by the plaintiffs to prove the photocopy of the Registered Will by way of secondary evidence in view of the fact that original record is not traceable in the office of Sub-Registrar was allowed. Learned counsel for the petitioner states that photostat copy of the document can not be read in evidence and is inadmissible in evidence. Learned counsel for the petitioner while placing reliance on Order 13 Rule 3 C.P.C. argues that even if any evidence is permitted to be placed on record even then at the subsequent stage trial Court shall be at liberty to reject the photostat copy of the Will on the ground that it is inadmissible or is irrelevant. Learned counsel for the petitioner seeks permission to withdraw this petition with liberty to raise all the points before the trial Court. C.R. No. 6218 of 2010 2 Petition is dismissed as withdrawn with liberty to raise all the points of the admissibility of photostat copy of the alleged Will which is sought to be proved by the secondary evidence. In case any such plea is raised by the petitioner before the trial Court, the same shall be decided in accordance with law. (ALOK SINGH) 27.09.2010 JUDGE reena