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Supreme Court of India

C.P. Francis v. C.P. Joseph and Others

Neutral citation
Reported as [2025] 9 S.C.R. 645
Bench Ahsanuddin Amanullah and S.V.N. Bhatti JJ.
Decided 3 September 2025

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

For the above reasons, the appeal is allowed and there is no order as to costs.

Judgment, page 18

From the headnote

Issue for Consideration Whether the High Court, while invoking the Proviso to s.100(5), CPC, was correct in referring to and applying s.67, Indian Succession Act, 1925; whether s.67, Indian Succession Act, 1925 is attracted to determine the succession to the suit schedule property or not. Headnotes† Civil Procedure Code, 1908 – s.100(5) – Indian Succession Act, 1925 – s.67 – High Court allowed the second appeal on an additional question of law framed without any basis in the pleadings or evidence and relying on s.67, Indian Succession Act, the Will (Exhibit -3) was declared as a void bequest

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