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2003 DIGILAW 656 (PNJ)

Darshan Singh v. Sohanjit Singh

2003-05-07

MEHTAB S.GILL

body2003
Judgment Mehtab S.Gill, J. 1. In this revision, the order dated 30th August, 1995 of Sub Judge, IInd Class, Nabha is under challenge. 2. Sukhdev Singh, the attesting witness of the Will, who had deposed before the Assistant Collector, 1st Grade, Nabha, in proceedings before him for mutation of the Will, was not produced before the trial Court and an application was moved with the prayer that statement before the Assistant Collector, 1st Grade, Nabha, be read in evidence under Section 33 of the Indian Evidence Act, 1872 . 3. I have heard the learned counsel for the parties. 4. Learned counsel for the appellant has stated that mere by report of the Process Server or publication in the newspaper, the ingredients of Section 33 of the Indian Evidence Act are not complied. He has further stated that no FIR was registered as to the missing of the Sukhdev Singh, the attesting witness to the Will. 5. Learned counsel for the respondent has drawn my attention to Section 33 of the Indian Evidence Act, wherein it has been stated that evidence given by a witness in a judicial proceedings, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding. 6. I have heard the learned counsel for the parties and have gone through the order of the Sub Judge, IInd Class, Nabha dated 30th August, 1995. The process server had reported that Sukhdev Singh, the attesting witness, is not traceable. The witness of the plaintiff Didar Singh came in the witness box as PW1. He also stated that Sukhdev Singh is not traceable. An advertisement was issued in a newspaper that Sukhdev Singh son of Bhan Singh is missing from his house since 17th April, 1994. Further in a news-paper, it was advertised that anybody giving any information about him shall be suitably rewarded. 7. Learned counsel for the respondent at this stage has stated that the petitioner till date also is not in a position to give any information as to the hereabouts of Sukhdev Singh. 8. I do not find any infirmity in the order of the Sub Judge, IInd Class, Nabha. Dismissed.