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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
State Of Rajasthan – Appellant
Versus
Ajit Singh – Respondent
ORDER :
The State of Rajasthan has preferred these Special Leave Petitions assailing the common judgment of the High Court of Delhi at New Delhi passed in FAO(OS) No.347/2012 & CM APPL. Nos.15602/2013, 20920/2022, 47492/2022; FAO(OS) No.348/2012, CM APP. Nos.46546-47/2022 & 3579/2023; and FAO(OS) No.211/2013.
1.1 FAO(OS) No.349/2012 was filed by the petitioner-State of Rajasthan impugning the judgment to the extent that the trustees of the Khetri Trust, who were the appellants in FAO(OS) No.347/2012, were permitted to be impleaded.
1.2 By the impugned common judgment, the High Court has set aside the judgment of the learned Single Judge. Consequently, it has upheld the validity of the Will executed at Tis Hazari Court, New Delhi on 30.10.1985 by the testator, Late Raja Bahadur Sardar Singh of Khetri in the presence of two witnesses, Sri P.N. Khanna and Sri R.K. Singh. The High Court has also held that there has been compliance with Section 63 of the Indian Succession Act, 1925 (for short, “IS Act”) and the Will has been proved in accordance with Section 68 of the Indian Evidence Act, 1872 (“Evidence Act”, for short). As a result, the probate of the Will has been granted by the High Co
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