Mahesh Kumar (D) By Lrs vs Vinod Kumar & Ors on 13 March, 2012
In the case of Mahesh Kumar (supra), this Court indicated the error
of approach on the part of the High Court while appreciating the evidence
relating to the Will as follows:-
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1 - 2 of 2 (0.71 seconds)Krishan Dass Gupta vs State & Others on 16 February, 2012
The learned counsel has referred to the
decision in Krishan Dass Gupta v. The State & Ors: 2012 SCC OnLine
DEL 977
19.5. Another long deal of arguments by the learned counsel for the
respondent No. 2 has been with reference to the alleged third page of the
Will. The learned counsel has referred to the very same proceedings in the
Trial Court which we have recounted hereinbefore; and has submitted that
in the Trial Court, appellant consistently maintained that there was no third
page of the Will but when the issue of payment of a sum of Rs. 25,000/- to
the daughter of the attesting witness PW-3 cropped up before the High
Court, such a payment was sought to be justified with reference to the very
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same third page of the Will in question. Such shifting stand of the appellant,
according to the learned counsel, gives rise to more suspicions; and it
appears seriously questionable if the Will in question was indeed the last
Will of the testatrix and was executed with the contents as desired by her.
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