Shanti Devi Àappellant vs Daropti Devi & Ors. Àrespondents

The Supreme Court addressed the appeal against a remand order by the Delhi High Court concerning the validity of a Will executed by Smt. Budho Bai. The Court held that the onus of proof regarding the existence of the Will should lie with the respondent, not the appellants, as the trial court had incorrectly placed the burden on the plaintiffs. The Court emphasized that the dismissal of the earlier suits was improper and remanded the case for proper adjudication, clarifying the procedural missteps under Order II Rule 2 of the Code of Civil Procedure.