AIR 1968 SUPREME COURT 947 ::1968 2 SCJ 543 ::1968 2 SCR 292 ::1968 (1) SCWR 940 ::1968 SCD 683

Supreme Court Of India

(From Andhra Pradesh)*

Hon'ble Judge(s): J. C. Shah, S. M. Sikri, J. M. Shelat , JJJ

(A) Evidence Act (1 of 1872) , S.90— Production of copy of will purporting to be 30 years old does not warrant presumption of its execution or attestation - Presumption under Section 90 arises in respect of original document. AIR 1947 PC 15 and AIR 1935 PC 132 and AIR 1956 SC 305, Foll.A. No. 419 of 1958, D/- 24-8-1962 (AP), Reversed. (Para 5) (B) Succession Act (39 of 1925) , S.59— Onus of proof that testator was major when he made the will and was competent to execute it is on person relying on will AIR 1941 Mad 179, Approved. Evidence Act (1 of 1872) , S.101, S.102, S.103, S.104— (Para 7) (C) Evidence Act (1 of 1872) , S.32(5), S.32(6)— In order to be admissible under sub-sections (5) and (6) of Section 32, statement relied on must be made ante litem motam by persons who are dead -Words 'before the question in issue was raised' do not necessarily mean before it was raised in particular litigation in which such a statement is sought to be adduced in evidence. (Para 12) (D) Evidence Act (1 of 1872) , S.32(5)— Sub-section (5) cannot be const....