In Brief
The State of Haryana challenged a High Court judgment that set aside concurrent findings of the Trial Court and First Appellate Court regarding the genuineness of a Will allegedly executed by Kishan Singh in favour of Harnam Singh. Both lower courts had disbelieved the testimony of the scribe and attesting witnesses and found the Will was not proved under Section 63 of the Indian Succession Act. The Supreme Court held that the High Court erred in conducting a fresh factual inquiry under Section 100 of the Code of Civil Procedure, which permits only questions of law to be raised. The Court restored the judgments of the lower courts, holding that concurrent findings of fact should not be disturbed absent perversity or legal error.
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