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november 2010

Supreme Court of India · 2010-11-08

Pankajakshi(Dead) Through L.Rs. & Ors vs Chandrika & Ors

Court
Supreme Court of India
Petitioner
Pankajakshi(Dead) Through L.Rs. & Ors
Respondent
Chandrika & Ors
Author
Markandey Katju
Bench
T. S. Thakur, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the Kerala High Court's dismissal of an appeal regarding the genuineness of a will under Section 98(2) CPC, affirming that a difference of opinion among judges on a question of fact necessitates confirmation of the trial court's decree. The Court reiterated that the mandatory language of Section 98(2) CPC requires that when no majority opinion exists, the trial court's decision stands. The ruling aligns with the precedent set in Tej Kaur v. Kirpal Singh, reinforcing that factual disputes do not warrant referral to a larger bench.

Pankajakshi(Dead) Through L.Rs. & Ors vs Chandrika & Ors · Niyam