Supreme Court · 2008 INSC 1392 · Decided 3 December 2008
K. Laxmanan v. Thekkayil Padmini & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1392 · [2008] 16 S.C.R. 1117
- Case number
- CIVIL APPEAL No. 7082/2008
- Decided
- 3 December 2008
- Bench
- TARUN CHATTERJEE, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68; Constitution Article 136
Headnote
16 S.C.R. 1117 K. LAXMANAN v. THEKKAYIL PADMINI & ORS. (Civil Appeal No. 7082 of 2008) DECEMBER 3, 2008 [TARUN CHATTERJEE AND DR.. MUKUNDAKAM SHARMA,. JJ.] Evidence Act, 1872: s.68 - Will - Genuineness of- Burden to prove - Held: Is on the propounder - When there are suspicious circumstances for proving its execution - On facts, scribe and one of attesting witnesses to the Will died before examination - Second attesting witness was not in good physical condition inasmuch as he was not able to speak or move, the fact which was proved by the deposition of the doctor - Consequently,
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