Supreme Court · 1957 INSC 77 · Decided 24 September 1957
Surinder Kumar and Others v. Gian Chand and Others
- Court
- Supreme Court of India
- Citation
- 1957 INSC 77 · [1958] 1 S.C.R. 548
- Case number
- CIVIL APPEAL No. 49/1954
- Decided
- 24 September 1957
- Bench
- BHUVNESHWAR PRASAD SINHA, P. GOVINDA MENON, J.L. KAPUR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
24. 548 SUPREME COURT REPORTS (1958) SURINDER KUMAR AND OTHERS v. GIAN CHAND AND OTHERS (B. P. SINHA, GOVINDA MENON AND J. L. KAPUR, JJ) .. Supreme Court, Inherent Power of-Admission of additional evidence-Supreme Court Rules, 0.45, r. 5. Under a registered will, mortgagee rights in certain standi of the appellants to sue. The trial Court decreed the suit holding that the will being registered there was a presumption of due execution. On appeal the High Court dismissed the suit on the ground that attestation of the will by two witnesses had not been proved. Thereafter probate of
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