- (1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 8.10.2015 [Annexure P/7] whereby application filed by the defendants No.1 to 3 for leading secondary evidence so as to prove the Will dated 10.02.1994 was allowed.
(2.) The plea taken by the applicants/respondents was that on the date fixed i.e. on 29.7.2015, Sikander Singh and Gurjant Singh appeared as DW-1 and DW-2 respectively and the said Will was available at the time of recording their examination-in-chief. However, their cross-examination was deferred for 29.08.2015. On that date, cross-examination could not be done and the case was adjourned to 3.9.2015. On 3.9.2015, a plea was taken that on 20.8.2015 when the witnesses were returning home, the bag containing the original Will and some other documents fell down from the motorcycle and were lost somewhere and defendants got DDR lodged at Police Station, Talwandi Sabo and they be allowed to prove said document by way of leading secondary evidence.
(3.) Learned counsel for the petitioners plaintiffs took the plea in the present petition that the grounds taken by the respondents are not believable. More so, the version of the defendants and witnesses produced by them on 29.7.2015 by way of examination-in-chief is already on the file with the averments that the Will was seen by them and same is exhibited as Ex. D1. The same cannot be allowed to be proved by way of secondary evidence and the Court below has not considered these facts while passing the impugned order and the present petition be accepted and the order dated 8.10.2015 be set-aside.;