SHANTI DEVI versus DAROPTI DEVI AND ORS.

SHANTI DEVI versus DAROPTI DEVI AND ORS.

The onus to prove the validity of the Will was wrongly placed on the respondent instead of the beneficiary appellant by the Trial Court. The High Court erred in remitting the entire matter, when only reframing the issue and allowing additional evidence was required. The remand should be limited to Issue No. 4 and allow the parties to adduce evidence; the Trial Judge will return findings to the Appellate Court for a final determination.

Parties
Appellant: Shanti Devi; Respondent: Daropti Devi; Respondent: Respondent No. 2; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
14 December 2006
Procedural Posture
Civil Appeal / Appeal From Remand Order of Delhi High Court in R.f.a. No. 435 of 1992
Outcome
Appeal partly allowed
Legal Topics
Will Validity, Burden of Proof, Remand, Framing of Issues
Succession Civil Procedure Will Validity Burden of Proof Remand Framing of Issues

Case Brief

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Parties

Shanti Devi

Appellant

Daropti Devi

Respondent

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Procedural Posture

Civil Appeal / Appeal From Remand Order of Delhi High Court in R.f.a. No. 435 of 1992

Legal Issues

  1. 1 Who bears the onus of proof regarding the validity of the Will under Section 63 of the Indian Succession Act, 1925
  2. 2 Correctness of remand order and framing of issues by the Trial Court

Ratio Decidendi

The onus to prove the validity of the Will was wrongly placed on the respondent instead of the beneficiary appellant by the Trial Court. The High Court erred in remitting the entire matter, when only reframing the issue and allowing additional evidence was required. The remand should be limited to Issue No. 4 and allow the parties to adduce evidence; the Trial Judge will return findings to the Appellate Court for a final determination.

Court Disposition

Appeal partly allowed

Orders

  • Trial Judge to allow parties to adduce evidence on Issue No. 4 upon reframing it with correct burden of proof.
  • Trial Judge to return evidence and findings to Appellate Court within four months.