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2016 Supreme(P&H) 99

K.KANNAN
Avtar Singh Bains – Appellant
Versus
Gurdev Kaur alias Debo Kaur – Respondent


Advocates:
Advocate Appeared:
Mr. C.L. Verma, Mr. Aditya Dassaur, for the petitioner
Mr. Sunil Chadha, Mr. Kirpal Singh, for respondents 1, 2 and 5

JUDGMENT :

K. Kannan, J.

I. Order de-exhibiting a Grant of Probate by foreign court point of contention

1. The revision petition is against the order passed by the trial court de-exhibiting a document already admitted into evidence. The exhibit was a copy of letter of administration by the Supreme Court of British Columbia, Canada allowing for the copy of the Will to be produced for the purpose of litigation in India. The Will was purported to have been executed by the father of the plaintiff, Shri Civil Revision No.7513 of 2014 2 Chahan Singh Bains. An objection taken by the defendants was that the Will could not have been admitted into evidence without putting it through a rigmarole of proof as rejected under Section 68 of the Evidence Act. The court accepted it and directed the document to be de-exhibited.

II. Effect of Probate issued in a foreign country petitioner's contention

2. The revision is brought by the plaintiff contending that a probate issued is a judgment inremunder Section 41 of the Evidence Act and a copy of the Will produced under the order of the court through a letter of administration issued is bound to be acted upon by the court in India and there is no compulsio











































































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