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.