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october 1996

Supreme Court of India · 1996-10-11

NALINI NAVIN BHAGWATI vs CHANDRAVADAN M. MEHTA

Citation / case number
SC 1995/18600
Court
Supreme Court of India
Petitioner
NALINI NAVIN BHAGWATI
Respondent
CHANDRAVADAN M. MEHTA
Author
G.B. PATTANAIK K. RAMASWAMY
Bench
G.B. PATTANAIK K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the issue of whether an application for revocation of probate under Section 263 of the Indian Succession Act, 1925 can be treated as a suit under Section 295 of the Act. The Court held that while the High Court's direction to treat the application as a suit was correct, the revocation application should be considered based on the grounds specified in Section 263, allowing for a summary or full-dress inquiry. The appeal was dismissed, affirming the High Court's order.

NALINI NAVIN BHAGWATI vs CHANDRAVADAN M. MEHTA · Niyam