Smt. Nirmala @ Kalpana And Another vs Rajendra Singh
2017 Latest Caselaw 7616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- SECOND APPEAL No. - 1073 of 2016
 

 
Appellant :- Smt. Nirmala @ Kalpana And Another
 
Respondent :- Rajendra Singh
 
Counsel for Appellant :- Sanjay Srivastava,Vineet Kumar Singh
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellants and perused the record.

This second appeal is admitted on the following substantial questions of law;

1. whether the learned courts below have erred in law in presuming that the will was executed by fixing thumb impression by late Chheddu and was witnessed by Nand Kishor and Nanhe sons of late Chheddu without the same being proved by the defendants as required under section 68 of the Indian Evidence Act ?

2. Whether the learned courts below have committed a mistake in shifting the burden of proof on the plaintiffs to prove that the will was not executed ignoring that the burden of proof of the will is of propounder of the will particularly in a case of unregistered will disinheriting the heirs without giving any reason ?

3. Whether the learned courts below have exceeded its jurisdiction in recording the finding on the issues on merit while holding that the suit itself is not maintainable before civil court and further relying on the photocopy of the document which original have not been filed which have not been proved and exhibited for recording the finding of fact ?

Issue notice to the respondent.

Summon the lower court record.

List after receipt of lower court record for final hearing.

Till the next date of listing, the parties are directed to maintain status-quo of the property in suit.

Order Date :- 4.12.2017

Gss