I had filed a civil suit claiming my share in ancestral land. The defendants are my father, my brother and my mother. The defendants tried to sell the land without my knowledge. My mother is a defendant too as my father gifted a part of land to her without my knowledge. This land on which I have put my claim is a joint piece of land which was allotted to my grandfather and his 5 brothers in lieu of land that was lost in Pakistan during partition. I supported my claim by producing revenue records and excerpt prepared by kanungo. kanungo's record showed the land was allotted to my grandfather and his 5 brothers jointly in lieu of land lost in Pakistan. kanungo brought the excerpt and the certified copies of the revenue record which showed my father received this land from my father via will, but the will was not accepted by the judge as it was registered after the death of my grandfather and moreover my father never mentioned will in his written statement. Will was the sole evidence given by my father to defend his claim. My case was dismissed as the judge stated that the kanungo did not bring his original record to support his excerpt so I could not prove my claim.I have appealed to sessions court. my question is
1.Can I request the judge to summon the kanungo and ask him to bring his original record?my lawyer says I cannot at summon kanungo in appeals court.
2.how will the judge decide on it if he will not see the original record?