JAGDISH PARSHAD Vs. STATE

JUDGEMENT

(1.) This first appeal is filed under Section 299 of the Indian Succession Act, 1925 against the judgment of the probate court dated 2.12.2011. The probate court below has dismissed the probate petition on the ground that the Will has not been validly proved as per the deposition of the attesting witness.

(2.) The relevant observations made by the court below are contained in para 19 of the impugned judgment and the same reads as under:-

(3.) In my opinion, the present is a fit case for exercise of powers by this Court under Section 165 of the Indian Evidence Act, 1872 read with Order 41 Rule 27 CPC, more so because the failure on the part of the appellant/petitioner is a technical defect. I may also note that mistakes do take place in the conduct of the cases by Advocates and it is not right that valuable rights are lost on account of formal inadequacy in deposition with regard to proof of the Will.