- (1.) In the instant writ application, the petitioner/defendant has challenged the order dated 17th of July, 2013 wherein the learned Trial Court allowed the application under Section 65 of the Evidence Act, 1872, filed on behalf of the respondent/plaintiff, to mark the photostat copy of the 'Will' in dispute as an 'Exhibit'.
(2.) Briefly, the essential material facts necessary for adjudication of the controversy in the case are that the respondent/plaintiff filed a civil suit for declaration and cancellation of Will dated 21st April, 1994; alleging the same to be forged and fabricated. The application was responded by the petitioner/defendant stating that the Will, was duly executed in the lifetime of Late Shri Chandaram in favour of the petitioner/defendant, his adopted son. Further, the photostat copy of the Will is inadmissible in evidence.
(3.) The learned Trial Court taking into consideration the pleaded facts and having heard the learned counsel for the parties on the application, allowed the application vide impugned order dated 17th July, 2013. The learned Trial Court while allowing the application also observed that while disposing of the application under Order 11 Rule 14 of the Civil Procedure Code, preferred on behalf of the respondent/plaintiff, the petitioner/ defendant was called upon to produce the original Will, in his possession. In response, the petitioner/defendant stated that the original Will was submitted in the office of the then Patwari (Dwarka Prasad), but the same was destroyed on account of fire in the house of Shri Dwarka Prasad and therefore, declined the original Will in his possession.;