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2013 Supreme(All) 1538

SUDHIR AGARWAL
JEEVAN BAHADUR SAMADDAR – Appellant
Versus
GOVIND CHARAN SAMADDAR – Respondent


Advocates Appeared:
Dhruva Narayana, Anadi Krishna Narayana and Pradeep Verma for the Appellant; Sanjay Mishra, Krishna Mohan and P.K. Sinha for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—This is a plaintiff’s appeal under Section 100 C.P.C. This Court, after hearing under Order XLI Rule 11, formulated following substantial question of law:

“(A) For the purpose of computing the period of 20 years under Section 90 of Indian Evidence Act, 1872 (hereinafter referred to as the “Act, 1872”), what shall be the date for reckoning the period.”

2. Heard Sri Dhruva Narayan and Sri S.K. Srivastava, Advocates for plaintiff-appellant (hereinafter referred to as the “plaintiff”) and Sri Krishna Mohan, Advocate for defendants-respondents (hereinafter referred to as the “defendants”).

3. During course of arguments, this Court finds that there are some more issues which, if answered in favour of plaintiff, may substantially bear on the ultimate decision of Lower Appellate Court (hereinafter referred to as the “LAC”) and, therefore, are substantial questions of law, which also need be answered in this case, and they are:

“(B) Whether in the facts and circumstances of this case, Section 90 at all is attracted to ‘Will’ dated 16.5.1983 registered on 17.5.1983?

(C) Whether certified copy of a document i.e. ‘Will’ obtained from Registry Department, can






















































































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