Family Law

Succession Act, 1925

— Ss. 81, 89 and 276 — Vagueness of Will — Contents of Will alleged to be vague — Effect — If it is found to be so, then even though Will is genuine, grant of probate may be declined — In appeal against order granting probate passed by Addl. District Judge, High Court was first required to determine validity or otherwise of the Will — Whether terms stipulated in the Will were capable of being implemented, would be a matter of interpretation by High Court — In such a situation, held, High Court was not justified in passing an interim order in mandatory form directing enforcement of the Will, effect of which would be that not only the appeal would become infructuous but parties would also be forced to give effect to the provisions of the Will, even though they may have reservations in relation thereto — Grant of mandatory injunction, in the circumstances, suffered from manifest error — In any event, the order of Addl. District Judge would merge in the order of the appellate court which may ultimately be passed and thus before the stipulations made in the Will are directed to be given effect to, contentions raised by the parties before High Court should receive proper consideration, (2006) 5 SCC 119-A

Doctrines

Doctrine of merger

— Judgment of appellate court would replace that of the lower court and only judgment of appellate court would be treated as final, (2006) 5 SCC 119-B