Supreme Court of India

Janki Narayan Bhoir v. Narayan Namdeo Kadam

Neutral citation
Reported as [2002] SUPP. 5 S.C.R. 175
Bench Doraiswamy Raju and Shivaraj V. Patil JJ.
Decided 17 December 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

16 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the suit filed by the respondent-plaintiff shall stand dismissed.

Judgment, page 11

From the headnote

Succession Act, 1925/Evidence Act, 1872- Section 63/Sections 68 and 71-Proving of execution of Will-Evidence of only a/testing witness and that of the scribe-Non summoning of another a/testing witness, though available- Held, evidence of only attesting witness does not satisfY mandatory requirements of Section 68-Section 71 has no applicability in such case-It is only a permissive and enabling provision. Respondent filed a suit for possession of the suit properties on the basis of a Will. The Will was signed by two attesting witnesses. During trial one of the attesting witnesses and the

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