The validity and genuineness of Ex.A-2-Will was not at all in issue in the above suit. Therefore, the examination of one of the attesting witness to Ex.A-2-Will is not necessary
Citation
CDJ 2007 MHC 3877
R.Vellingiri and others vs R.Kannian and others
Head note
Will - Examination of a attesting witness - Whether the Ex.A-2-Will has not been proved as per law laid down in Section 68 of the Indian Evidence Act, 1972, and in view of the decision reported in A.I.R. 1976 Madras and A.I.R.1969 S.C.1147 and whether the lower appellate court is right in not considering the position of law as laid down in Section 68 of the Indian Evidence Act, 1872 - Defendants 1 to 4 remained exparte and no written statement has been filed and therefore the genuineness and validity of Ex.A-2-Will was not at all in issue - The examination of an attesting witness to a will is unnecessary when the parties have not joined issue on the validity or genuineness of the Will - The validity and genuineness of Ex.A-2-Will was not at all in issue in the above suit. Therefore, the examination of one of the attesting witness to Ex.A-2-Will is not necessary - Therefore, the substantial question of law that has been formulated in the memorandum of grounds of appeal is answered against the appellants.
Para 10 & 11
Indian Evidence Act, 1872 - Section 68 - Attestation of the will - Examination of a attesting witness - Whether the Ex.A-2-Will has not been proved as per law laid down in Section 68 of the Indian Evidence Act, 1972, and in view of the decision reported in A.I.R. 1976 Madras and A.I.R.1969 S.C.1147 and whether the lower appellate court is right in not considering the position of law as laid down in Section 68 of the Indian Evidence Act, 1872 - Defendants 1 to 4 remained exparte and no written statement has been filed and therefore the genuineness and validity of Ex.A-2-Will was not at all in issue - The examination of an attesting witness to a will is unnecessary when the parties have not joined issue on the validity or genuineness of the Will - The validity and genuineness of Ex.A-2-Will was not at all in issue in the above suit. Therefore, the examination of one of the attesting witness to Ex.A-2-Will is not necessary - Therefore, the substantial question of law that has been formulated in the memorandum of grounds of appeal is answered against the appellants.
Para 10 & 11
Comparative Citations:
2008 (1) CTC 130; 2008 (1) MLJ 1123
Para 10 & 11
Indian Evidence Act, 1872 - Section 68 - Attestation of the will - Examination of a attesting witness - Whether the Ex.A-2-Will has not been proved as per law laid down in Section 68 of the Indian Evidence Act, 1972, and in view of the decision reported in A.I.R. 1976 Madras and A.I.R.1969 S.C.1147 and whether the lower appellate court is right in not considering the position of law as laid down in Section 68 of the Indian Evidence Act, 1872 - Defendants 1 to 4 remained exparte and no written statement has been filed and therefore the genuineness and validity of Ex.A-2-Will was not at all in issue - The examination of an attesting witness to a will is unnecessary when the parties have not joined issue on the validity or genuineness of the Will - The validity and genuineness of Ex.A-2-Will was not at all in issue in the above suit. Therefore, the examination of one of the attesting witness to Ex.A-2-Will is not necessary - Therefore, the substantial question of law that has been formulated in the memorandum of grounds of appeal is answered against the appellants.
Para 10 & 11
Comparative Citations:
2008 (1) CTC 130; 2008 (1) MLJ 1123
Equallent citation
ReplyDelete2009(1) LW 309
2010(3) LW 282
2015(4) MLJ 452