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2013 Supreme(P&H) 1424

K.KANNAN
Bhajan Kaur – Appellant
Versus
Hazara Singh – Respondent


Advocates:
For the Appellants:Mr. M.L. Saggar, Senior Advocate with Mr. Pankaj Mehta, Advocate.
For the Respondent:Mr. S.D. Sharma, Senior Advocate with Ms. Bindu Goel, Advocate.

JUDGMENT

Mr. K. Kannan, J. (Oral):- The following substantial questions of law arise for consideration in the second appeal.

1. Whether the appraisal of evidence relating to the Will was perverse to hold that the Will had been established when there were inherent contradictions and unnatural disposition that ought to have excited the suspicion regarding the validity of the Will ?

2. Whether the appeal had abated by the death of the appellants by the failure of the legal representatives to be brought on record within the time prescribed by the law ?

3. Whether the amended provisions of Order 22 Rule 3 are inapplicable to an event of death which had taken place prior to the date when the amendment was brought to the Civil Procedure Code by the High Court Rules dated 21.02.1992 ?

2. The second appeal is against the judgment of the Courts below decreeing the suit filed by the plaintiff. The suit related to the estate of one Narain Singh and the property comprised was immoveable properties in village Khatrai Kalan. The suit was at the instance of brother of Narain Singh and the defendants were the daughters of Narain Singh. The suit had been filed by the plaintiff contending that Narain






















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