Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of additional issues - Petitioners-plaintiffs instituted suit for declaration with consequential relief of permanent injunction - Application for framing of additional issues with regard to validity, genuineness of impugned Wills filed when case was listed for rebuttal evidence and arguments - Real controversy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Sought in the nature of clarification of pleadings at a belated stage for bringing on record the pleadings with respect to the earlier wills - It will not ordinarily change the nature of suit - Rather apparently appears relevant to show the factum that executant was having the intention to execute will in favour..........
Succession Act, 1925, Section 69 -- Impleadment - Necessary party - Claim of both parties based on two different Wills - Respondents No.1 and 2 allowed to be impleaded as party in suit - Held, petitioner should have also been impleaded as plaintiff as both parties are contesting regarding their claim on basis of two different Wills - Impugned order set aside - Trial Court..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of L.R's. - Enquiry - Jurisdiction of trial court - Trial court while conducting enquiry U.O.22.R.5 CPC held that petitioner had legally failed to prove the wills relied upon by him for the purpose of representing the estate of deceased - Held, trial court was not at all called upon to examine the validity of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Succession Act, 1925, Section 63 -- Will - Necessary parties - Inheritance of `B' is in dispute in suit - Respondent No.4 and two other daughters and widow of `B' are his class I heirs along with plaintiffs and defendant No.1 being his sons - Held, inheritance of `B' cannot be effectually and completely adjudicated upon in..........
Will -- Execution - Proof - Two Wills - Registered Will, earlier in time, in favour of defendants - Unregistered Will, later in time, in favour of plaintiff - Will in favour of plaintiff duly proved not only by examining both the attesting witnesses but also the scribe - Whereas Will in favour of defendant not proved in accordance with law - In the later Will there is..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representatives - Impleading of - On the basis of execution of Will in England qua property situated in Punjab - Plea that Will cannot be relied upon in India, unless a probate from the competent Court is obtained - Held, in respect of Wills either executed in Punjab or in respect of immovable property situated in..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Interlocutory application filed U.O.39.Rr.1 & 2 r/w S.151 of Civil Procedure Code for restraining respondent from alienating suit property during pendency of appeal - After partition suit was filed by petitioners, their brother respondent filed probate case for grant of probate with respect to purported Will executed by..........
Will -- Two Wills - Later Will registered - Suit decreed on the basis of unregistered Will - Upset by first appellate Court by holding that Will is not scribed by a professional though professional scribe was easily available and it was left unregistered though testator being an educated person fully knew the value and importance of registration of a document and testator..........
Bombay Court Fees Act, 1959, Section 46 -- Probate of Will - Petition by wife - Claim for remission of Court fees for women litigants - As per amendment Notification Dt. 23rd March, 2000, term `property disputes' would be restricted to only those concerning or arising out of matrimonial matters and would hence exclude petitions filed for probate of Wills - Therefore,..........
