High Court Punjab-Haryana High Court

Asha Malhotra vs Dr. Ravi Tej Singh Sehra on 6 March, 2009

Punjab-Haryana High Court
Asha Malhotra vs Dr. Ravi Tej Singh Sehra on 6 March, 2009
     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


                                  Civil Revision No. 1883 of 2008

                                Date of Decision: March 06, 2009


Asha Malhotra.

                                                      ... Petitioner

                              Versus

Dr. Ravi Tej Singh Sehra.

                                                    ... Respondent


CORAM:      HON'BLE MR. JUSTICE S.D. ANAND.


Present :   Ms. Ekta Thakur, Advocate,
            for the petitioner.

            Mr. Manish Joshi, Advocate,
            for the respondent.


S.D. Anand, J.

The learned Trial Court, vide the impugned order,

allowed a plea filed by the respondent – defendant for being

allowed to adduce secondary evidence in respect of Will dated

10.10.1995.

` The grievance of the petitioner – plaintiff is that the

plea under challenge could not have been allowed in the absence

of proof that the alleged Will was indeed not available for

production in the Court.

C.R. No. 1883 of 2008 2

The learned Trial Court noticed in the impugned order

itself that a similar plea between the parties had earlier been

allowed by the Court in another case. It is on that premise that the

learned Trial Court made the following observations:-

“7. After hearing ld. counsel for the parties and have

gone through the record, I am of the considered view

that the application in hand deserves to be accepted.

The plaintiff in his evidence has placed on record copy

of judgment dated 18.10.06 Ex.PX passed in case

titled as Ravi Tej Singh Sehra Vs. General Public &

others in which plaintiff in this case was also party.

The contents of this judgment shows that a similar

application for proving Will in question by way of

secondary evidence was moved which was allowed by

that Court. When in another case between the parties,

the Will in question was liable to be proved by way of

secondary evidence there is no occasion for this Court

to decline the same relief which was allowed in

another suit between the same parties. No doubt, in

the reported case, it was observed that where the

applicant was not shown to be in possession of original

then admission of Photostat copy as secondary

evidence was declined. However, in the present case

a similar application was accepted in another case

between the same parties then it would be not proper
C.R. No. 1883 of 2008 3

and just to decline the application in hand. In view of

the above discussion, the application stands allowed.”

In order to obtain the invalidation of the impugned

order, the learned counsel for the petitioner relies upon (2007-3)

The Punjab Law Reporter, 310 – Smt. J. Yashoda Vs. Smt. K.

Shobha Rani.

The judgment relied upon by the petitioner only

reiterates the established law that a party, before being allowed to

adduce secondary evidence, must prove the existence and

execution of the original document.

In the present case, the facts are entirely different.

A similar plea between the parties was concededly

allowed by the Court in another litigation and that order has

attained finality for want of challenge. In the view of things, the

judicial pronouncement aforementioned would not apply to the

facts and circumstances of the present case.

The petition shall stand dismissed.

March 06, 2009                                          ( S.D. Anand )
vkd                                                            Judge