Court : Supreme Court of India
Brief : if will is already in another litigation and cannot be obtained therefrom, whether the certified copy thereof shall be admissible?
Citation : 2008-1-L.W. 918
N. Srihari (D) Through LRs. & Ors. Vs. N. Prakash & Ors.
Will / Genuineness - Original not produced but certified copy was placed, stating that the original had been filed in a connected suit and though steps had been
taken by the High Court for transfer of the said document, till its final decision, the same was not reached, and ultimately the High Court disposed of the appeal on the basis of the available materials and confirmed the judgment and decree of the trial Court. Direction issued by Supreme Court permitting the appellants / contesting defendants to place the original Will dated 02.01.1956 for consideration of the High Court - In case, if the original is not available in view of the earlier proceedings, they are
free to place the certified copy of the Will dated 02.01.1956 and in that event, it is for the High Court to consider the same including valid objections to be raised by the other parties in accordance with law.
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