- (1.) This is a plaintiff's appeal under Section 100 C.P.C. This Court, after hearing under Order 41 Rule 11, formulated following substantial question of law: "(A) For the purpose of computing the period of 20 years under Section 90 of Indian Evidence Act, 1872 (hereinafter referred to as the "Act, 1872"), what shall be the date for reckoning the period."
(2.) Heard Sri Dhruva Narayan and Sri S.K. Srivastava, Advocates for plaintiff-appellant (hereinafter referred to as the "plaintiff") and Sri Krishna Mohan, Advocate for defendants-respondents (hereinafter referred to as the "defendants").
(3.) During course of arguments, this Court finds that there are some more issues which, if answered in favour of plaintiff, may substantially bear on the ultimate decision of Lower Appellate Court (hereinafter referred to as the "LAC") and, therefore, are substantial questions of law, which also need be answered in this case, and they are: "(B) Whether in the facts and circumstances of this case, Section 90 at all is attracted to 'Will' dated 16.05.1983 registered on 17.05.1983? (C) Whether certified copy of a document i.e. 'Will' obtained from Registry Department, can attract presumption of its being a validly executed document, containing true contents of original document, or, it has to be rejected unless formally proved with regard to its execution and attestation etc. (D) Whether mere presumption under Section 90 of Act, 1872 would satisfy the requirement of proof of a 'Will' without proving execution and attestation as contemplated in Section 63 of Indian Succession Act, 1925 (hereinafter referred to as the "Act, 1925") read with Section 68 of Act, 1872.";