Will -- Proof - Defendant pleaded that testator had no right to execute the Will and he did not execute the Will with a sound mind - Will was thus admitted document which was not even required to be proved by plaintiff - Even if it is assumed that same was required to be proved, S.68 of Evidence Act does not apply - As it was proved on record that neither executant nor..........
Will -- Proof - Neither executant nor attesting witnesses were alive - Will was admitted document on record - Presumption u/s 90 of Evidence Act was most plausible recourse and rightly adopted by Courts below...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Ascertaining age of ink - Govt. experts opinion that there is no possibility of ascertaining age of ink of document - It is possible for petitioner to adduce other evidence to prove his contention - Application filed before adducing his evidence - Application cannot be allowed - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review cannot be extended to re-appreciation of evidence led by parties before trial Court nor can High Court in exercise of its power of review sit over its own judgment regarding interpretation of a document...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - The phrase `admitted or proved to the satisfaction of the court' used in S.73 contemplates that specimen document taken for comparison of writing or signature in the purported document must be undisputed one and all parties to the dispute must admit the specimen signature or writing in the base document...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document in the form of secondary evidence cannot be questioned, if not raised by opposite party when document is introduced and taken into evidence and marked as exhibit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate failed to make out case U.O.41.r.27 CPC for taking additional evidence on record - Even, he failed to prove relevancy of document which is sought to be filed along with application - Application rightly rejected...........
Partition suit -- Suit property belongs to grandfather of parties - There was family arrangement between brothers of plaintiff's father and defendant's father and there was no partition - Defendants categorically admitted that property belongs to their grandfather - When there is admission on part of defendant in written statement itself, admitted fact need not be proved..........
Evidence Act, 1872, Section 74 -- Public document - Copy of charge sheet along with necessary documents cannot be said to be public documents as per S.74 of the Act...........
