Surya Pratap Sharma vs Prem Prakash & 11 Others
2017 Latest Caselaw 6371 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1089 of 2017
 

 
Appellant :- Surya Pratap Sharma
 
Respondent :- Prem Prakash & 11 Others
 
Counsel for Appellant :- Swetashwa Agarwal
 
Counsel for Respondent :- Pradeep Kumar Rai
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellant, learned counsel for the respondent no. 1-caveator and perused the record.

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

1. Whether Section 111 of the Evidence Act, 1872 has any application in construing the sanctity and genuineness of the Will in a suit for declaration instituted on the basis of will ?

2. Whether the lower appellate court was permitted to substitute its own findings in allowing the appeal without even touching upon or discrediting the findings recorded by the Trial court while decreeing the Suit ?

Issue notice to the remaining respondents.

Summon the lower court record.

List after receipt of lower court record for final hearing.

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

Order Date :- 6.11.2017

Gss