AIROnline 2025 SC 808

(A) Civil P.C. (5 of 1908) , S.100(5)— Succession Act (39 of 1925) , S.67— Second appeal – Framing of additional substantial question of law – Permissibility – Parents executed a joint Will leaving property to their son, appellant in the case – In second appeal arising from suit for partition filed by other heirs, High Court had framed an additional substantial question of law as to whether Will was void in view of S. 67 of Succession Act – High Court had erred in framing said question without recording any reasons – Material on record showed that said question was framed without pleadings, issues and reasons and a finding was recorded that Will was void since one of the attesting witnesses was wife of appellant – Resultantly, a Will duly executed and proved, was not given effect to by applying Section 67 of the Act – Judgment of High Court was set aside – Since Will required appellant to compensate other heirs, those obligations were enforced, enhancing amounts payable to each beneficiary.
AIROnline 2025 KER 329-Reversed

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(B) Civil P.C. (5 of 1908) , S.100(5)— Second appeal – Framing of additional substantial question of law – Powers of Court – Governing principles – Summarise….