Supreme Court · 2002 INSC 551 · Decided 17 December 2002
Janki Narayan Bhoir v. Narayan Namdeo Kadam
- Court
- Supreme Court of India
- Citation
- 2002 INSC 551 · [2002] SUPP. 5 S.C.R. 175
- Case number
- CIVIL APPEAL No. 11194/1995
- Decided
- 17 December 2002
- Bench
- DORAISWAMY RAJU, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 63, 68, 71; Succession Act Section 63, 68
Headnote
Succession Act, 1925/Evidence Act, 1872- Section 63/Sections 68 and 71-Proving of execution of Will-Evidence of only a/testing witness and that B of the scribe-Non summoning of another a/testing witness, though available- C Held, evidence of only attesting witness does not satisfY mandatory permissive and enabling provision. Respondent filed a suit for possession of the suit properties on the basis of a Will. The Will was signed by two attesting witnesses. During D trial one of the attesting witnesses and the scribe of the Will was examined, while second attesting witness was not
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