Supreme Court · 2006 INSC 1007 · Decided 14 December 2006
Shanti Devi v. Daropti Devi and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 1007 · [2006] SUPP. 10 S.C.R. 1050
- Case number
- CIVIL APPEAL No. 5813/2006
- Decided
- 14 December 2006
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Succession Act Section 63
Headnote
Succession Act, 1925: s. 63-0nus of proof to establish that Will was validly executed by the C testator-Held: ls on beneficiary . . Code of Civil Procedure, 1908: Order Xll Rules 23 -& 23A or XL/ Rule 25-Framing!Reframing of issues-Trial Court wrongly framed fourth issue whereby onus of proof set aside by High Court and matter remitted in its entirety to the Trial Court-Correctness of-Held, incorrect-High Court ought to have remitted the matter only on the premise that the burden of proof on Issue No. 4 was wrongly placed and additional evidences were required to be E adduced upon
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