Sardool Singh & Anr. Vs. Smt. Nasib Kaur.
EmailAppeal: Criminal Appeal No. Of 1987.
Petitioner: Sardool Singh & Anr.
Respondent: Smt. Nasib Kaur.
Apeal: Criminal Appeal No. Of 1987.
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 10, 1987
Head Note:
WILL:
Validity of will – Civil suit between the parties pending before the Civil Court – Respondent cannot be permitted to institute a criminal prosecution on the allegation that the will is a forged one.
JUDGEMENT:
ORDER
1. Special leave granted. Heard both the sides.
2. A civil suit between the parties is pending wherein the contention of the respondent is that no will was executed whereas the contention of the appellants is that a will has been executed by the testator. A case for grant of probate is also pending in the Court of learned District Judge, Rampur. The Civil Court is therefore seized of the question as regards the validity of the will. The matter is sub-judice in the aforesaid two cases in Civil Courts. At this juncture the respondent cannot therefore be permitted to institute a criminal prosecution on the allegation that the will is a forged one. That question will have to be decided by the civil Court after recording the evidence and hearing the parties in accordance with law. It would not be proper to permit the respondent to prosecute the appellants on this allegation when the validity of the will is being tested before a Civil Court. We, therefore, allow the appeal, set aside the order of the High Court and quash the criminal proceedings pending in the Court of the Judicial magistrate First Class, Chandigarh in the case entitled ‘Smt. Nasib Kaur v. Sardool Singh & Ors. This will not come in the way of instituting appropriate proceedings in future in case the civil Court comes to the conclusion that the will is a forged one. We of course refrain from expressing any opinion as regards genuineness or otherwise of the will in question as there is no occasion to do so and the question is wide open before the lower Courts.
3. The appeal is dismissed of accordingly.
Appeal allowed.
1. Special leave granted. Heard both the sides.
2. A civil suit between the parties is pending wherein the contention of the respondent is that no will was executed whereas the contention of the appellants is that a will has been executed by the testator. A case for grant of probate is also pending in the Court of learned District Judge, Rampur. The Civil Court is therefore seized of the question as regards the validity of the will. The matter is sub-judice in the aforesaid two cases in Civil Courts. At this juncture the respondent cannot therefore be permitted to institute a criminal prosecution on the allegation that the will is a forged one. That question will have to be decided by the civil Court after recording the evidence and hearing the parties in accordance with law. It would not be proper to permit the respondent to prosecute the appellants on this allegation when the validity of the will is being tested before a Civil Court. We, therefore, allow the appeal, set aside the order of the High Court and quash the criminal proceedings pending in the Court of the Judicial magistrate First Class, Chandigarh in the case entitled ‘Smt. Nasib Kaur v. Sardool Singh & Ors. This will not come in the way of instituting appropriate proceedings in future in case the civil Court comes to the conclusion that the will is a forged one. We of course refrain from expressing any opinion as regards genuineness or otherwise of the will in question as there is no occasion to do so and the question is wide open before the lower Courts.
3. The appeal is dismissed of accordingly.
Appeal allowed.
