Arun Bhansali, J. - (1.) THIS writ petition under Article 227 of the Constitution of India has been filed by the petitioners -defendant Nos. 4 and 5 against rejection of their application under Section 65 of the Evidence Act, 1872 ('the Evidence Act').
(2.) RESPONDENT No. 1 - Ram Vilas filed a suit claiming that he was adopted son of late Kishnoji, who was Pujari of the temple and prayed for a declaration that plaintiff is entitled to perform Sewa Puja and receive the offerings as adopted son and he was the only heir of Kishnoji. The suit was, inter alia, resisted by the petitioners based on a Will dated 18.04.1969 executed by Kishnoji.
(3.) DURING the pendency of the suit, the petitioners filed application dated 10.03.1995 under Section 65 of the Evidence Act, wherein, it was claimed that duly compared photo copy of the Will dated 18.04.1969 was on record and the original Will has been eaten away by termites and has been destroyed, therefore, they may be permitted to lead secondary evidence. The application was allowed by the trial court on the same day i.e. 10.03.1995 on payment of cost of Rs. 500/ -.;