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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