Visalakshy v. Viswan
Case brief
What is this about?
The High Court set aside the remand order of the first appellate court in a succession suit. The High Court held that remand solely for examination of the will propounder is unsustainable when the legal position and evidence are already clear. The first appellate court was directed to dispose of the appeal on merits.
What did the court decide?
The order of remand of the first appellate court is set aside. The first appellate court shall dispose of the appeal on merits within three months.