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PETITIONER: SURINDER KUMAR AND OTHERS
Vs.
RESPONDENT: GIAN CHAND AND OTHERS
DATE OF JUDGMENT: 20/09/1957
BENCH:
ACT: Supreme Court, Inherent Power of-Admission of additional evidence-Supreme Court Rules, O. 45, r. 5.
HEADNOTE: Under a registered will, mortgagee rights in certain proper- ty were bequeathed to the appellants. They filed a suit to recover the money on the basis of the mortgage without obtaining probate of the will. The respondents challenged the locus standi of the appellants to sue. The trial Court decreed the suit holding that the will being registered there was a presumption of due execution. On appeal the High Court dismissed the suit on the ground that attestation of the will by two witnesses had not been proved. Thereaf- ter probate of the will was obtained in favour of the appel- lants and their mother. In appeal before the Supreme Court appellants made an application for the admission of the probate as additional evidence and for making their mother a party. The respondents opposed the application. Held, that the Supreme Court has the power to admit addi- tional evidence in appeal. In deciding an appeal the Su- preme Court has to take the circumstances as they are at the time when the appeal is being decided...