High Court of Rajasthan dismissed a writ petition challenging the refusal of the trial court to allow petitioners to mark an X on the thumb impression of a Will executor, holding that proof of execution under Section 68 of the Evidence Act was mandatory.
The writ petition challenging the impugned order dated 21.12.2022 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JD:15189]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
S.B. Civil Writ Petition No. 607/2023
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Rakesh Arora |
|---|---|---|
| For Respondent(s) | : Mr. |
Rajat Arora |
| Mr. | Lucky Rajpurohit | |
| Mr. | Lalit Kumar | |
| Mr. | Aman Maheshwari |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
05/04/2024
[2024:RJ-JD:15189]
[CW-607/2023]
(2 of 4)
to have been made by the grandmother of the petitioner No.1. After the Will was exhibited as Ex.1, the petitioner No.1 wanted the thumb impression to be marked as “X”. He submitted that the same was affixed by his grand-mother in his presence. The learned trial Court on the submissions made by the petitioners refused to mark the thumb impression as “X” vide its order dated 21.12.2022. Hence, the present writ petition has been filed by the petitioners.
[2024:RJ-JD:15189]
[CW-607/2023]
(3 of 4)
has been provided under the Evidence Act for proving contents of the document placed before the trial Court and, therefore, recourse to the same is required to be adopted for proving contents of the document exhibited before the trial Court including the Will in the present case.
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(4 of 4)
brought before the Court to prove the contents of the same. If the same is not available then the recourse to Section 71 of the Indian Evidence Act may be adopted by the trial Court.
(VINIT KUMAR MATHUR),J
14-Anil Singh/SunilS/-
2 issues framed by the court
Whether the trial court was justified in refusing to permit marking the thumb impression of the executor of a Will with an X mark.
Whether the procedure under Section 68 of the Indian Evidence Act, 1872 must be followed before proving the contents of a Will under Section 71.
2 provisions across 1 enactments
Ramzan Ali S/o Shri Akhtar Ali Ji
Smt. Afzal Bano W/o Shri Ramzan Ali Ji
Rizwan Ali S/o Shri Ahsaan Ali
Municipal Council, Pali
VINIT KUMAR MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
