Smt.Latela Bai vs Santosh And Ors
2022 Latest Caselaw 4304 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                SA No. 223 of 2014
                     Smt. Latela Bai Versus Santosh and Others



07/07/2022           Mr. Somnath Verma, counsel for the appellant.

                     Mr. Ashish Gupta, Panel Lawyer for the State/respondent

No.4.

Heard on admission.

Perused the record of both the Courts below and impugned judgment.

On due consideration, this appeal is admitted for final hearing.

Substantive question of law should be:-

1. Whether, the registered Will-deed dated 18.09.2000 (Ex.P/2) in favour of the plaintiffs can be presumed proof under the ambit of Section 63 of the Indian Succession Act, 1925 and Section 63 of the Indian Evidence Act, 1872 though it has neither been exhibited before trial Court in witness-box nor proved signature of testatrix Mutana Bai and attesting witnesses at the time of evidence in Court- hall?

2. Whether, the plaint shall be deemed duly instituted in Court, which does not comply the requirements specified in sub-rules (1) and (2) of Rule 1 of Order 4 of the Code of Civil Procedure, 1908?

Issue notice to respondent Nos.1, 2 and 3 on payment of P.F. as per rules.

List this matter after four weeks.

Sd/-

(Arvind Singh Chandel) Judge

Vasant