Supreme Court of India · 2016-02-25
PANKAJAKSHI(DEAD) THROUGH L.RS. vs CHANDRIKA .
- Citation / case number
- SC 2004/26357
- Court
- Supreme Court of India
- Petitioner
- PANKAJAKSHI(DEAD) THROUGH L.RS.
- Respondent
- CHANDRIKA .
- Author
- Markandey Katju
- Bench
- ANIL R. DAVE,KURIAN JOSEPH,SHIVA KIRTI SINGH,ADARSH KUMAR GOEL,ROHINTON FALI NARIMAN
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, confirming the trial court's decree due to a difference of opinion among the judges on a question of fact rather than law. The Court reiterated that when there is no majority opinion in a Division Bench, the decree of the trial court must be confirmed as per Section 98(2) CPC. The ruling in Tej Kaur vs. Kirpal Singh was cited to support this legal principle.