Supreme Court · 2003 INSC 705 · Decided 11 December 2003
Uma Devi Nambiar and ORS. v. T.C. Sidhan (Dead)
- Court
- Supreme Court of India
- Citation
- 2003 INSC 705 · [2003] SUPP. 6 S.C.R. 637
- Case number
- CIVIL APPEAL No. 9726/2003
- Decided
- 11 December 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Succession Act Section 192, 193, 194, 195
Headnote
Indian Succession Act, 1925-Sections 192, 193, 194 and 195- Proceedings under-Nature of-Held, summary proceedings-Order in­ terlocut01y in nature-Person aggrieved by order can file suit to .claim possession on the bas's of title- 'R' opposing application of 'A ' for C possession on basis of a beyond the scope of summary proceedings. Code of Civil Procedure-Section 115-Revision-Discretionary D jurisdiction-Exercise of-He?d, discretion should be exercised according to rules of law and not as per whim or caprice of the Judge-District Judge examining the genuineness of a will in
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