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A. Andisamy Chettiar v. A. Subburaj Chettiar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 14055 of 2015)Decided 8 Dec 2015
Civil Appeal No. 14055 of 2015
Justice Dipak Misra · Justice Prafulla C. Pant

Background

This order sends the case back; it does not decide the dispute. In a suit for a permanent injunction over property based on an alleged Will, the first appellate court allowed the plaintiff's request to have the disputed Will examined by a handwriting expert. The High Court, in revision, quashed that order.

Decision Breakdown

This is not a final decision on the dispute. The Court set aside the High Court's revisional order, holding that the High Court should not have interfered at that interim stage. It directed the first appellate court to decide the application for additional evidence afresh under the principles laid down. It expressed no opinion on the merits of the case.

Lesson Learnt

There is no final ruling yet on whether the Will is genuine or whether the plaintiff is entitled to an injunction. The first appellate court must decide afresh whether the expert evidence may be admitted.

Official source (sci.gov.in)View Judgment (PDF)

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