Case Note & Summary
The dispute arose between two sisters, Shanti Devi and Daropti Devi, regarding the validity of a Will executed by their deceased mother, Smt. Budho Bai. The appellant, Shanti Devi, claimed rights over property based on the Will dated 22.02.1977, while the respondents challenged its validity. The initial suit filed by the respondents was dismissed for being not maintainable, leading to an appeal where the High Court remanded the matter back to the Trial Judge, citing errors in the framing of issues and the burden of proof. The Supreme Court examined the High Court's decision and noted that the onus of proving the Will's validity was incorrectly placed on the appellants instead of the respondents. The Court emphasized that the existence of suspicious circumstances surrounding the Will's execution required the respondent to prove its validity. The Supreme Court modified the High Court's order, allowing the Trial Judge to permit fresh evidence and return findings to the Appellate Court within four months, thereby ensuring a fair determination of the issue. The appeal was allowed to this extent, with no order as to costs.
Headnote
A) Civil Procedure - Remand Orders - Modification of High Court's Remand - Code of Civil Procedure, 1908, Order XLI Rule 25 - The Supreme Court found that the High Court erred in remitting the entire matter to the Trial Judge without properly addressing the burden of proof regarding the Will's validity. The Court directed that the Trial Judge allow parties to adduce evidence and return findings to the Appellate Court within four months (Paras 20-24).
Issue of Consideration
Whether the High Court correctly remitted the matter to the Trial Judge regarding the burden of proof on the validity of the Will.
Final Decision
The Supreme Court modified the High Court's remand order, directing the Trial Judge to allow parties to adduce evidence and return findings to the Appellate Court within four months.
Law Points
- Burden of proof
- Will validity
- Remand orders
- Code of Civil Procedure
- Indian Succession Act
