NDLI: Shivakumar & Ors. Vs. Sharanabasappa & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Will Genuineness of
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Will – Genuineness of – Plaintiff-Appellants filed a civil suit for declaration and injunction that they had acquired ownership rights in the suit properties on the basis of a Will dated 20.05.1991 executed by one ‘S’ and that the Trust created by defendants in relation to the suit properties was illegal and void – The defendants questioned the genuineness of the alleged Will – The Trial Court decided the principal issue related to the Will in favour of the plaintiffs – However, the High Court reversed the decision of Trial Court on the principal issue relating to the genuineness of the Will – On appeal, held: In the instant case, there were unnatural and unusual features in the document/Will in question – Different sheets of paper had been used in preparation of Will; placement of the signatures of the testator was at least at two places beyond normal distance from the last typed matter; in making of three signatures, at least two different pens were used; the front facing pages number 1,3 and 5 carried the signatures of the testator, the backside pages, i.e. pages 2 and 4 were unsigned – Further, several blank spaces were found in relation to the particulars of the properties and even some of the properties were not correctly described – There was recital in the document of a past event (about vacating of the shop by tenant) in the manner that such event shall happen in future – In the opening passage of the document, the recital was to the effect that the testator was making Will because so many accidents do happen – The fact remain that testator died in an accident on 20.05.1994 and Will was made on 20.05.1991 – That apart, the plaintiffs never took steps to get the statement of the person, who was otherwise referred to by all the material witnesses as being the person before whom the document was allegedly opened – The unexplained, unusual and abnormal features pertaining to the document only lead to a logical deduction that the document in question was prepared after the demise of the testator ‘S’ with use of blank signed papers that came in possession of the propounders and their associates – The High Court was right in reversing the decision of the Trial Court and in holding that the contested Will was not a genuine document. Code of Civil Procedure, 1908 – Or.XLI, rr.23, 23A, 24 and 25 – Order of remand by the Appellate Court – Held: A conjoint reading of Rules 23, 23A and 24 of Or.XLI brings forth the scope as also contours of the powers of remand that when the available evidence is sufficient to dispose of the matter, the proper course for an Appellate Court is to follow the mandate of r.24 of Or.XLI CPC and to determine the suit finally – It is only in such cases where the decree in challenge is reversed in appeal and re-trial is considered necessary that the Appellate Court shall adopt the course of remanding case
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2020 INSC 349
Petitioner	Shivakumar & Ors.
Respondent	Sharanabasappa & Ors.
SCR	[2020] 6 S.C.R. 666
Judgement Date	2020-04-24
Case Number	6076

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