Supreme Court · 2008 INSC 216 · Decided 19 February 2008
N. Srihari (D) Through LRS. & ORS. v. N. Prakash & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 216 · [2008] 3 S.C.R. 136
- Case number
- CIVIL APPEAL No. 1420/2008
- Decided
- 19 February 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 62, 63
Headnote
3 S.C.R. 62 N. SRIHARI (D) THROUGH LRS. & ORS. v. N. PRAKASH & ORS. (Civil Appeal Nos.1420-1421 of 2008) FEBRUARY 19, 2008 (DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.) Evidence Act, 1872: ss. 62 and 63 - Primary evidence and secondary C evidence - Suit claiming title to properties through will - Neither trial 0 court nor High Court recording any finding with regard to the earliest will - Held: In the absence of a specific finding as to the earliest will, matter remitted to High Court - Defendants would place the original of the earliest will for consideration of High Court - If
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