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SANJAY KISHAN KAUL, HRISHIKESH ROY
Lachhmi Narain Singh (D) Through LRs – Appellant
Versus
Sarjug Singh (Dead) Through LRs. – Respondent


Advocates appeared:
For the Appellant :Sreoshi Chatterjee, Chandrashekhar A. Chakalabbi, Shiv Kumar Pandey, Awanish Kumar, Anshul Rai, Advocate, Dharmaprabhas Law Associates, Advocates
For the Respondent:Abhay Kumar, Vijay Kumar, Neetu Jain Gautam, Rajat Khattry, Kumar Milind, Vishal Nautiyal, Shagun Ruhil, Advocates

Judgement Key Points

Based on the provided legal document, here are the key points with their corresponding references:

  • The Supreme Court held that an adverse presumption regarding the genuineness of a cancellation deed cannot be drawn merely because the testator chose to append their thumb impression instead of a signature, as forgery of thumb impressions is nearly impossible and every person has a unique impression (!) (!) (!) .
  • Objections regarding the admissibility of a registered document or the mode of proof must be raised at the earliest stage before the trial court; such objections cannot be taken for the first time in an appeal (!) (!) (!) .
  • If a party fails to object to the production and marking of a certified copy of a document in the trial court, they cannot later claim non-production of the original in appellate proceedings, as this would prejudice the party who produced the copy (!) (!) (!) .
  • The High Court erred in disbelieving the registered cancellation deed by drawing an erroneous presumption of impersonation based on the testator's alleged poor health, without giving due weightage to the evidence of attesting witnesses and the expert report (!) (!) (!) .
  • The Trial Court was correct in concluding that the testator was medically fit to execute the cancellation deed, as the testator's thumb impression was proved genuine by an expert and there was no evidence of impersonation (!) (!) (!) .
  • The appeal filed by the objectors (legal heirs of the probate applicant) is allowed, the impugned order of the High Court is set aside, and the judgment of the First Additional District Judge is restored (!) (!) .

JUDGMENT

Hrishikesh Roy, J.

This appeal arises out of the judgment and order dated 15.04.2009 of the Patna High Court whereby the appeal filed by the probate applicant was allowed in his favour by concluding that the Will favouring Sarjug Singh was not cancelled. Thus, the appellate Court reversed the Trial Court's decision which held that the applicant is disentitled to get the Will probated as the same was revoked. The High Court to give the impugned verdict against the objectors, disbelieved the registered deed of cancellation dated 02.02.1963 (Exbt C) whereby, the Exbt 2 Will, was revoked by the testator.

RELEVANT FACTS

2. Rajendra Singh (since deceased) had executed a Will on 14.09.1960 (Exbt 2) in favour of the applicant Sarjug Singh. The executant died issueless on 21.08.1963 leaving behind his sister Duler Kuer, wife of late Thakur Prasad Singh and nephew Yugal Kishore Singh and also the probate applicant Sarjug Singh. The case of the applicant is that the testator's wife died long ago and therefore Rajendra Singh who was issueless bequeathed his property in village Pojhi Bujurg and Pojhi Kapoor, District-Saran, Bihar by executing the Will (Ext.2) favouring the respondent Sarju

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