How to appreciate evidence if plaintiff has failed to produce original will?

 Though the plaintiff as aforesaid has failed to give any reason for non-production of the original Will but from a reading of the entirety of the evidence including the lengthy cross-examination by the counsel for the defendants No. 1&3 of the plaintiff and of the replies given by the defendant No. 3 in her cross-examination, it is abundantly proved that the defendant No. 3 had much more access than the plaintiff to the parents. The possibility thus of the defendants No. 1&3 being in possession of the original Will and having suppressed the same cannot be ruled out. The plaintiff had no reason to suppress the same. It is not the case of the defendants that the father had put an endorsement of "cancelled" on the original, for the plaintiff to be interested in suppressing the original. Rather, it is the plea of the defendants No. 1&3 that the original was torn and destroyed and which they have failed to prove.{Para 33}

 IN THE HIGH COURT OF DELHI

CSOS 2190/2011 & IA. No. 7476/2013

Decided On: 01.07.2014

Satish Kumar Chojar  Vs. Subhashni Chopra

Hon'ble Judges/Coram:

Rajiv Sahai Endlaw, J.

Citation:  MANU/DE/1460/2014.

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