Back
G. S. AHLUWALIA
Bahadur Singh – Appellant
Versus
Bunty Singh @ Nihal Singh – Respondent
JUDGMENT
1. This Second Appeal, under section 100 of CPC, has been filed against the judgment and decree dated 24.1.2022 passed by Additional Judge to the Court of First Additional District Judge, Gohad, District Bhind (M.P.) in RCA No.24/2017 as well as judgment and decree dated 24.3.2017 (wrongly mentioned in the judgment as 24.3.2016) passed by III Civil Judge Class II, Gohad, District Bhind (M.P.) in Civil Suit No.94A/2015 by which the suit filed by appellant for declaration that respondent No.1 Banti Singh @ Nihal Singh has died a civil death has been dismissed.
2. Facts necessary for disposal of present appeal, in short, are that appellant preferred a civil suit claiming that cousin brother of plaintiff was Rambharosi Kaurav. Banti @ Nihal Singh was the solitary legal representative of Rambharosi Kaurav. Cousin brother of appellant, namely, Rambharosi expired in the year 1986. Wife of defendant No.1 died during the lifetime of defendant No.1. Defendant No.1 was issueless and he was solitary legal representative of his father. Defendant No.1 was of loose character and he was in the habit of consuming liquor and gambling. Defendant No.1 has approximately 25 Bighas of land in vil
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
The right to withdraw a suit at the appellate stage is not absolute; it depends on the crystallized rights established by the court's earlier judgments.
The burden of proving the execution of a Will rests on the propounder, who must dispel any suspicious circumstances to establish its validity.
The possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
