Bench: Hon’ble J. Krishna Murari and Hon’ble J. Navin Sinha
FACTS OF THE CASE:
The appellants in this case referred a suit of the Trial Court for a declaration that they are
holders of half of the share of land owned by Babu Singh as the mutation of such land is done in their favor by legally handing over the Will as evidence to the revenue officials. They also claimed that the mutation of the land by the Assistant Collector was wrongfully done in favor of Baldev Singh and Shamsher Singh based on a forged Will dated 20/03/1998.
The Supreme Court stated that “It is a settled position of law that for secondary evidence to be admitted foundational evidence has to be given being the reasons as to why the original evidence has not been furnished”. To find out the factual reason for not producing the primary evidence, the Court took into account the statements made by the revenue officials in the cross-examination. Both the revenue officials in their reasons never denied the fact of having the original Will which established the existence of foundational evidence. The Supreme Court, therefore, allowed the appellants to produce a copy of the Will as a piece of secondary evidence and set aside the order of the High Court.