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SAURABH LAVANIA
Virendra – Appellant
Versus
District Deputy Director Of Consolidation / Collector, Shrawasti – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard.
2. By means of the present petition, the petitioner has assailed the order dated 01.12.2022 whereby, the opposite party No.1- District Deputy Director of Consolidation on an application preferred by the private respondents directed that the document(s) i.e. "Will" dated 06.04.1978 and sale deed 05.04.1978 be sent to F.S.L. for expert opinion for the purpose of verification of genuineness of "thumb impression" of Ram Pyari over the "Will" in issue that.
3. On 09.01.2023, after hearing the counsel for the petitioner as well as Shri Nripendra Mishra, learned counsel for the opposite parties as also taking note of the relevant provisions of the relevant Act namely, section 63 of Indian Succession Act, 1925 (in short "Act of 1925") and section 68 and 69 of Indian Evidence Act, 1872 (in short "Act of 1872"), this Court passed the interim order. The same on the production reads as under:-
The court affirmed that procedural integrity mandates timely evidence submission, emphasizing the necessity for documentation to validate claims regarding the authenticity of a Will.
(1) Deputy Director of Consolidation has jurisdiction to interfere with finding on facts of subordinate authority only when said findings are perverse or not supported by any evidence on record or co....
The court affirmed the authority of the Deputy Director of Consolidation to remand cases for fresh decisions when evidence requires further inquiry, underscoring the need for thorough examination bef....
The court affirmed that an unregistered Will lacks credibility without proper evidence, emphasizing the need for foundational proof for secondary evidence under the Indian Evidence Act.
The presumption of truth attached to revenue records can only be rebutted by evidence of impeccable integrity, and procedural fairness must be upheld in appeals.
Authorities must provide adequate opportunity for parties to present their case; decisions made in haste without hearing can lead to prejudice.
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