In Brief
The appellant sought to adduce additional evidence including an original Will dated 30 November 1987 in a civil suit. The trial court had allowed this after witnesses identified the Will, but the original document was subsequently unavailable. The High Court set aside the trial court's remand order permitting such evidence. The Supreme Court held that the litigant could not be punished for the trial court's failure to retain the evidence. It allowed the appeal, restored the Additional District Judge's remand order, and directed the trial court to record evidence within six months and decide the suit within nine months.
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