Supreme Court · 2001 INSC 341 · Decided 3 August 2001
N. Kamalam (Dead) and ANR. v. Ayyasamy and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 341 · [2001] SUPP. 1 S.C.R. 272
- Case number
- CIVIL APPEAL No. 3164/1997
- Decided
- 3 August 2001
- Bench
- AJAY PRAKASH MISRA, U.C. BANERJEE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 68; Transfer of Property Act Section 3; Succession Act Section 63
Headnote
(DEAD) AND ANR. v. A YY ASA MY AND ANR. AUGUST 3, 2001 B (A.P. MISRA AND UMESH C. BANERJEE, JJ.) Civil Procedure Code 1908-0rder Xll Rule 27-Application for production of additional evidence-Filed I 0 years after the appeal was filed­ C Held, cannot be entertained. Wills Indian Evidence be transposed in favour of scribe. E Will-Onus probandi-Document requiring attestation-Held, propounder has to prove its execution by examining at/east one witness. Words and Phrases- 'Animo attestandi '-"Onus probandi"-Meaning of The appellants filed a suit for partition of suit
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