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Raj Kumari & Ors. vs. Surinder Pal Sharma (SC)

42.00 4.20

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Indian Succession Act, 1925–Sec. 63–Evidence Act, 1872–Sec. 71–Will–Establishment–Testatrix was an illiterate lady–Attesting witness M was summoned but he could not be served and hence was not examined–Anther witness R was not summoned as he was none other than the husband of the testatrix and would not have supported the execution of Will–View of High Court that the Will being registered was proved in term of Sec. 71 of Evidence Act, cannot be accepted–Judgment passed by trial Court deserves to be restored.