Prudeta
Prudeta
2026 INSC 709
📌 Paras 2-3
The appellant filed a suit for partition after her mother, Thankam, died, as she was unaware of a registered Will allegedly executed by Thankam in 1999, bequeathing property to defendants 1, 2, 4, and 5. The trial court found the Will could not be proved under Section 63 of the Indian Succession Act, 1925, and granted the appellant a 2/10th share. The High Court, in a brief judgment, set aside the trial court's decision, criticized it, and directed the trial judge for training.
📌 Paras 1, 3.1
Whether the High Court, in its capacity as a first appellate court, committed a perversity or impropriety in setting aside the trial court's judgment without providing adequate reasons, and whether its remarks against the trial judge
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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