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Tuesday, July 20, 2010

Succession Act, 1925

2010(2) LAW HERALD (P&H) 984
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L.N. Mittal
C.R. No. 1163 of 2010
Madan Lal
v.
Nirmal Singh & Ors.
{Decided on 23/02/2010}
For the Petitioner: Mr. Suryakant Gautam, Advocate.
Succession Act, 1925-Civil Procedure Code, 1908, O.18, R.3--Evidence At, 1872, S.106--Rebuttal Evidence--Burden of Proof--Will--Claim for right of inheritance to estate of deceased on basis of natural succession--Plaintiff also pleaded that deceased never executed any Will during his lifetime and alleged Will claimed by defendant is resulted of fraud and misrepresentation--Defendant pleaded execution of will by deceased--Therefore plaintiff has right in rebuttal to lead evidence to prove that Will was in fact never executed by deceased and plaintiff can examine finger print expert for this purpose. (Para 8,9 & 10)