AIR 1995 SUPREME COURT 1852 ::1995 AIR SCW 2884 ::(1995) 2 LS 20 ::(1996) 1 RRR 266 ::(1995) 1 HinduLR 450 ::(1995) 3 CivLJ 135 ::(1995) 2 CivilCourtC 71 ::(1995) 2 Mad LJ 87 ::(1995) 2 Ker LT 318 ::(1995) 2 Orissa LR 221 ::(1995) 2 SCR 585 (SC) ::1995 SCC (Supp) 2 664 ::(1995) 2 LandLR 337 ::(1995) 2 APLJ 78 ::(1995) 5 JT 163 (SC)

Supreme Court Of India

Hon'ble Judge(s): K. Ramaswamy, B. L. Hansaria , JJ

(A) Civil P.C. (5 of 1908) , O.22 R.10— Partition suit - Death of some parties - Legal representative - Admittedly before deaths parties sold their respective shares in favour of other respondents - By operation of O. 22 R. 10 their respective interest devolvoed by transfer on respondents who are already on record - No need to bring their L. Rs. on record. (Para 2) (B) Succession Act (39 of 1925) , S.74— Will - Validity of - Discrepancy in evidence of attestator - Would not vitiate validity of a registered will which was duly endorsed by registrar - Whole of estate given to son in exclusion of daughter - Not itself sufficient to generate suspicion - Will executed and registered 8 years prior to death of testator - No evidence or statement made regarding invalidity of will in pleadings - Nothing was stated with regard to alleged pressures brought on executor of will - Suspicion raised regarding validity of will is without any basis - Property covered under "will" stand excluded from partition. Decision of High Court in S. A. Nos. 753 and 977 of 1975, D/- 23-11-1977 Reversed. (Para 4 5) .....