AIR 1979 PUNJAB AND HARYANA 234

Punjab And Haryana High Court

Hon'ble Judge(s): S. S. Sandhawalia , C.J. AND Gokal Chand Mital , J

(A) Succession Act (39 of 1925) , S.63— Will - Attesting witness belonging to another village - No ground for discarding his statement - Non-production of other attesting witness - Not sufficient ground for upsetting the findings of fact recorded by courts below. Second Appeal No. 451 of 1972, D/- 16-9-1975 (Punj and Har), Reversed. (Para 5 6) (B) Evidence Act (1 of 1872) , S.13— Matter of Will directly and substantially involved in a previous litigation and finding recorded by courts about the due execution of Will - Relevant and valuable piece of evidence. Second Appeal No. 451 of 1972, D/- 16-9-1975 (Punj and Har), Reversed. (Para 8) (C) Civil P.C. (5 of 1908) , S.100— Second appeal - Courts below exercising their discretion and permitting defendant to lead secondary evidence after satisfying about the loss of the Will - Discretion should not be lightly interfered in appeal. Second Appeal No. 451 of 1972, D/- 16-9-1975 (Punj and Har), Reversed. (Para 10) .....