Supreme Court of India · 2006-12-15
Kamla Devi à Appellant vs Khushal Kanwar & Anr. à Respondents
- Citation / case number
- AIR 2007 SUPREME COURT 663
- Court
- Supreme Court of India
- Petitioner
- Kamla Devi à Appellant
- Respondent
- Khushal Kanwar & Anr. Ã Respondents
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Markandey Katju
Judgment text excerpt
The Supreme Court addressed the application of Section 100-A of the Code of Civil Procedure, 1908, in the context of a probate dispute concerning a will allegedly executed by Smt. Anandi Devi. The Court held that the appellant's objections regarding the validity of the will, including claims of lack of testamentary capacity and prior gifts, were substantial enough to warrant further examination. The judgment of the High Court was set aside, allowing the appellant's appeal and emphasizing the need for a thorough inquiry into the will's legitimacy.