In Brief
A testator executed a Will in 1960 in favour of Sarjug Singh but allegedly cancelled it by registered deed in 1963. The trial court held the cancellation was valid; the High Court reversed this, doubting the testator's capacity and challenging the certified copy. The Supreme Court restored the trial court's judgment, holding that objections to mode of proof must be raised before the trial court, not for the first time on appeal. Expert evidence confirmed the genuineness of the testator's thumb impression on the cancellation deed. The appeal was allowed, reinstating the finding that the Will was validly revoked.
The lawyer headnote and full judgment text are available to registered users.