Judgment briefs
Supreme Court of India

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

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,…

Allowed
Court
Supreme Court of India
Decided
3 Sep 2025
Citation
[2025] 9 S.C.R. 645
Case no.
CIVIL APPEAL No. 11369/2025
Bench
Ahsanuddin Amanullah, Sarasa Venkatanarayana Bhatti

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. – 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 B-3) was declared as a void

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