Supreme Court of India

N. Srihari (d) through Lrs. & Ors. v. N. Prakash & Ors.

Neutral citation
Reported as [2008] 3 S.C.R. 136
Bench Arijit Pasayat J.
Decided 19 February 2008

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.

What the Court ordered

In view of the above conclusion, without going into the merits of the claim made by the parties and without expressing any opinion, we remit the matter to the High Court for fresh disposal.

Judgment, page 13

From the headnote

Evidence Act, 1872: ss. 62 and 63 - Primary evidence and secondary evidence - Suit claiming title to properties through a will - Executor of the will herself enjoying the property under another earliest will - Original of earliest will not produced before court - Parties and courts referring to the earliest will - Neither trial 0 court nor High Court recording any finding with regard to the earliest will - Held: In the absence of a specific finding as to the earliest will, matter remitted to High Court - Defendants would place the original of the earliest will for consideration of High Court

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