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
Source: Indian Supreme Court Judgments dataset, AWS Open Data, CC BY 4.0. A brief, not legal advice — read the judgment itself before relying on it.
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