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december 2006

Supreme Court of India · 2006-12-14

Shanti Devi à Appellant vs Daropti Devi & Ors. à Respondents

Citation / case number
AIRONLINE 2006 SC 629
Court
Supreme Court of India
Petitioner
Shanti Devi à Appellant
Respondent
Daropti Devi & Ors. Ã Respondents
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court addressed an appeal against a remand order by the Delhi High Court concerning a property dispute between sisters over a property deed and a will executed by their deceased mother. 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 wrong party. The judgment emphasized the need for proper issue framing in trials, particularly in relation to the burden of proof as per the Code of Civil Procedure, leading to the remand of the case for re-evaluation by the trial court.

Shanti Devi à Appellant vs Daropti Devi & Ors. à Respondents · Niyam