Satish Law Agency

LATEST JUDGEMENT SUPREME COURT: L egal principles applicable to the making of a testamentary document like Will, its proof, and its acceptance by the Court. The Supreme Court in the judgement dated 24.04.2020 in the case of Shivakumar & ors. Versus Sharanabasappa & ors. Civil Appeal No. 6076 OF 2009  while deciding the appeal challenging the judgement and decree dated 26.10.2007 passed by the High Court of Karnataka at Bangalore whereby, the High Court reversed the judgement and decree dated 12.09.2001 passed by the Court of Civil Judge (Senior Division), Koppal which essentially revolved around the question of genuineness of the Will in question.      The High Court observed while examining the basic contentions of the defendants that by its very nature, the Will appeared to be a fabricated document. After taking note of the discrepancies in the document itself and other unnatural circumstances as also after analysing the evidence of the star wit...

(I) INTRODUCTION : Rejecting Plaint is an appealable decree and appeal lies under Section 96 of Code of Procedure. So Under Order 7, Rule 11 CPC, a Plaint can be rejected only in cases enumerated in Rule 11 and not otherwise. For example, non-filing of the suit document is not one of the grounds on which, a Plaint can be rejected. Order VII Rule 11 C.P.C has dealt with various aspects relating to rejection of Plaint and this article deals with clause (a) and (d) only as most of the litigation is revolving around these clauses only.  Clause (a) thereof sets out that a Plaint is liable to be rejected where it does not disclose any cause of action, inasmuch as, upon a careful and meaningful reading of the Plaint as a whole in a non-formal manner and if the same is found to be manifestly vexatious and meritless, in the sense that it failed to disclose a clear right to sue such a Plaint is liable to be rejected under Clause (a) of Rule 11 Order VII C.P.C. The reject...