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Surinder Kumar And Ors. vs Gian Chand And Ors. on 24 September, 1957

In Surinder Kumar and Ors. v. Gian Chand and Ors. 1958 SCR 548 this Court allowed an application for admission of additional evidence to place the probate of the will on record. The Court after allowing the application held that since will has been admitted to probate any infirmity in the matter of probate of the will due to the want of proper attestation of the will as required by Section 63(1)(c) of the Indian Succession Act would be removed because the order admitting the will to the probate will operate as a judgment in rem. Therefore the High Court was perfectly justified in 6/13 https://www.mhc.tn.gov.in/judis/ S.A.No.643 of 2016 reversing the decision of the executing court directing the respondent to lead evidence to prove the genuineness of the will.”
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