Supreme Court · 2025 INSC 1071 · Decided 3 September 2025
C.P. Francis v. C.P. Joseph and Others
- Court
- Supreme Court of India
- Citation
- 2025 INSC 1071 · [2025] 9 S.C.R. 645
- Case number
- CIVIL APPEAL No. 11369/2025
- Decided
- 3 September 2025
- Bench
- AHSANUDDIN AMANULLAH, SARASA VENKATANARAYANA BHATTI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100(5), 100; Evidence Act Section 141; Constitution; Succession Act Section 67
Headnote
Whether the High Court, while invoking the Proviso to s.100(5), CPC, was correct in referring to and applying s.67, Indian Succession Act, 1925; whether s.67, Indian Succession Act, 1925 is attracted to determine the succession to the suit schedule property or not. - s.100(5) - Indian Succession Act, 1925 - s.67 - High Court allowed the second appeal on an additional question of law framed without any basis in the pleadings or evidence and relying on s.67, Indian Succession Act, the Will (Exhibit B-3) was declared as a void
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