1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5517 OF 2010 (Bhimrao Narayanrao Mankar & Ors. vs. Prakash Sheshrao Mankar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 07, 2010. Heard Shri Mohta, learned counsel for the petitioners – defendants, who vociferously argues that the trial Court has granted leave to lead secondary evidence under wrong impression that there was no strong opposition to that request by the defendants. He further states that until and unless the provisions of Section 68 of the Indian Evidence Act are satisfied and attesting witnesses are examined or their signatures are proved, no secondary evidence is admissible. Shri Khapre, learned counsel for the respondents states that there was strong opposition before the trial Court. The trial Court has applied its mind to the merits of the controversy and granted leave to lead secondary evidence about the registered will. The learned counsel states that leave is now granted, the necessary witnesses will be produced and efforts will be made to prove the document. The petitioners will get an opportunity to cross examine all those witnesses. 2 I find that the trial Court has not allowed the application only because of its impression that there was no strong opposition. On the contrary, it has considered the merits and found that a case for grant of such leave is made out. It has looked into the provisions of Section 65 for that purpose. There is no question of an attempt by the respondents to fulfill the provisions of Section 68 of the Act, until and unless the leave to lead secondary evidence is granted. Now that leave is granted, the respondents can show the compliance with those provisions and the petitioners will get an opportunity to cross examine the witnesses. I do not find any jurisdictional error or perversity. Hence, petition is rejected. No order as to costs. JUDGE *GS.