Smt. Sumantri Bai vs Devraj Singh
2022 Latest Caselaw 2914 MP

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                                                     The High Court Of Madhya Pradesh
                                                               SA No. 1685 of 2018
                                                              (SMT. SUMANTRI BAI Vs DEVRAJ SINGH AND OTHERS)

                                        Jabalpur, Dated : 02-03-2022
                                                Shri Nitin Agrawal, learned counsel for the appellant.

                                                Heard on the question of admission.
                                                This second appeal is admitted on the following substantial questions of
                                        law:-
                                                1.      Whether without proving the Wills in accordance with Section 68 of
                                        the Evidence Act and without their being any proof of thumb impression by any of

                                        the attesting witnesses to the Wills, the Wills could have been said to be proved ?
                                                2.          Whether Tulai Singh was competent to execute Wills dated
                                        23.04.1997 and 17.11.1997 ?
                                                3.       Whether non framing of issue with regard to relationship between
                                        Sumantri Bai and Tulai Singh and non recording of specific findings in that regard
                                        has vitiated the judgment and decree of the Courts below ?
                                                Also heard on IA No.8689/2018, which is an application for stay.
                                                Issue notice of IA No.8689/2018 as well as of final hearing along with
                                        substantial questions of law to the respondents on payment of process fee within

seven working days.

Notice be made returnable within four weeks. In the meantime, without disturbing the finding of the possession recorded by the Courts below, parties are directed to maintain status-quo with regard to the suit land.

List the matter after service of notice upon the respondents. C.c as per rules.

(DWARKA DHISH BANSAL) JUDGE

sh

Signature Not Verified SAN

Digitally signed by S HUSHMAT HUSSAIN Date: 2022.03.03 10:50:16 IST