BABU SINGH & ORS. versus RAM SAHAI @ RAM SINGH

BABU SINGH & ORS. versus RAM SAHAI @ RAM SINGH

Section 69 Evidence Act can be invoked only if attesting witnesses cannot be found after exhausting all possible steps to compel their attendance; mere statement by counsel or party is not sufficient. Will not proved according to law, so Section 69 does not apply in this case.

Parties
Appellant: Babu Singh & Ors.; Respondent: Ram Sahai @ Ram Singh
Jurisdiction
India
Judgment Date
30 April 2008
Procedural Posture
Civil Appeal / Appeal From Judgment of the Punjab and Haryana High Court in R.s.a. No. 3595/2002
Outcome
Appeal allowed
Legal Topics
Proof of Will, Attestation, Section 68 and 69 Evidence Act, Section 63 Indian Succession Act
Evidence Succession Proof of Will Attestation Section 68 and 69 Evidence Act Section 63 Indian Succession Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Babu Singh & Ors.

Appellant

Ram Sahai @ Ram Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of the Punjab and Haryana High Court in R.s.a. No. 3595/2002

Legal Issues

  1. 1 Whether Section 69 of the Evidence Act, 1872 applies when attesting witnesses are not examined
  2. 2 What is the mode of proof for execution and attestation of a will under Section 68 and 69 of the Evidence Act

Ratio Decidendi

Section 69 Evidence Act can be invoked only if attesting witnesses cannot be found after exhausting all possible steps to compel their attendance; mere statement by counsel or party is not sufficient. Will not proved according to law, so Section 69 does not apply in this case.

Court Disposition

Appeal allowed

Orders

  • Impugned judgments of High Court and First Appellate Court set aside
  • No order as to costs