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Home CIVIL CPC

CPC O. 39 – Will – Registered manually – Questions to be decided during trial

by PLRonline
December 24, 2022
in CPC
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Civil Procedure Code, 1908 (V of 1908) Order 39, Rules 1, 2 – Will –Will in question is a registered document – Under what circumstances the Will in question was registered manually and not digitally, cannot be delved into at this stage – The petitioner has failed to bring to the notice of this Court any relevant rules or directions of the authorities concerned which would make the registration of a Will through computerized digital mode mandatory.

Civil Procedure Code, 1908 (V of 1908) Order 39, Rules 1, 2 – Plea that thumb-impressions of the testator on the alleged Will were clearly smudged and indecipherable, no independent witness had attested the Will, was not in digital mode and that all these circumstances when seen in totality, raises a big question about the authenticity and genuineness of the Will in question …..

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Tags: CPC O. 39WillWill - Suspicious circumstances
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CPC O. 39 R. 1, 2 – Revisional jurisdiction – Court will not interfere in such exercise of discretion

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