CAV Judgment

Heard on I.A. N. 06/2023, an application under Section 100(5) of the Code of Civil Procedure, 1908 for framing of additional substantial question of law.

2. Ms. Sameeksha Gupta, Advocate submits that she does not want to press this application. The same is dismissed as not pressed.

3. Appeal is heard finally.

4. This appeal under Section 100 of the Code of Civil Procedure, 1908 is arising out of the judgment and decree dated 30.09.2010 in Civil Appeal No. 07-A/2009 passed by the learned Additional District Judge Sarangarh, District Raigarh (CG) arising out of the judgment and decree dated 31.03.2009 in Civil Suit No. 124-A/2006 passed by the learned Civil Judge Class-II, Sarangarh, District Raigarh. The appeal was admitted by this Court on 14.01.2021 on the following substantial question of law:

“Whether the first Appellate Court is justified in holding that the plaintiff has proved the execution and attestation of the will executed on 23.05.2000 by Parkhit in favour of the plaintiff under Section 63(c) of Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act, 1872, by recording a finding which is perverse to the record?”

5. The parties shall be referr