MAJOR SINGH versus RATTAN SINGH (DEAD) BY LRS. AND ORS.

MAJOR SINGH versus RATTAN SINGH (DEAD) BY LRS. AND ORS.

The High Court was justified in interfering under Section 100 CPC because the lower courts' reasons for rejecting the Will and the evidence were found to be unsustainable and flimsy, thus a substantial question of law existed and was correctly considered.

Parties
Appellant: Major Singh; Respondents: Rattan Singh (Dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
10 December 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment Dated 11.7.85 in R.s.a. No. 2830 of 1980
Outcome
Appeal dismissed
Legal Topics
Will, Execution of Will, Suspicious Circumstances, Second Appeal, Section 100 CPC
Civil Procedure Will Execution of Will Suspicious Circumstances Second Appeal Section 100 CPC

Case Brief

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Parties

Major Singh

Appellant

Rattan Singh (Dead) by LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab & Haryana High Court Judgment Dated 11.7.85 in R.s.a. No. 2830 of 1980

Legal Issues

  1. 1 Power of High Court to interfere in second appeal under Section 100 CPC
  2. 2 Whether the will was executed in normal circumstances

Ratio Decidendi

The High Court was justified in interfering under Section 100 CPC because the lower courts' reasons for rejecting the Will and the evidence were found to be unsustainable and flimsy, thus a substantial question of law existed and was correctly considered.

Court Disposition

Appeal dismissed

Orders

  • No costs