In Brief
The Supreme Court allowed an appeal by landowners seeking to prove a Will through secondary evidence after the original could not be retrieved from revenue officials despite notice. The Court held that secondary evidence of a Will may be admitted under the Indian Evidence Act when the original is shown or appears to be in possession of a person against whom it is sought to be proved, notice under the Act has been given, and that person fails to produce it. Foundational evidence of non-production must be established through witness testimony and circumstantial evidence. The Court clarified that admission of secondary evidence does not automatically prove the Will's authenticity or genuineness, which must be established at trial.
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