VidhiSangh

Supreme Court of India · 13/05/2020

JAGMAIL SINGH & ANR. versus KARAMJIT SINGH & ORS.

[2020] 4 S.C.R. 1163 · 2020 INSC 396

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Summary

The appellants were permitted to lead secondary evidence of an untraced Will. Notices to revenue officials had not secured the original, and their evidence together with the scribe’s testimony provided the necessary factual foundation. The courts below erred in treating the Will’s existence as wholly unestablished. Permission to produce secondary evidence did not establish authenticity, truth or genuineness, which remained to be proved at trial.

Issues

  1. Whether sufficient foundational facts justified secondary evidence of the Will.
  2. Whether admission of a copy established the Will’s authenticity or validity.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and appellants permitted to lead secondary evidence of the Will, with authenticity and genuineness left for trial. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 1163.