SURINDER KUMAR AND OTHERS vs GIAN CHAND AND OTHERS

The Supreme Court ruled that it possesses the inherent power to admit additional evidence in appeals, specifically under Supreme Court Rules, Order 45, Rule 5. The Court held that the probate of a will, being a judgment in rem, must be considered when deciding an appeal, regardless of whether the respondents were parties to the probate proceedings. The High Court's dismissal of the suit was overturned, affirming the trial court's decree in favor of the appellants, who were recognized as legatees under the registered will.