https://www.taxtmi.com/caselaws?id=457401 Evidence in testamentary proceedings is limited to matters in issue, namely due execution of the will and the testator's state of mind. Portions of an affidavit-in-lieu of examination-in-chief dealing with the deceased's residential address and disputes over ancestral title or the bequeathability of properties were irrelevant, because title disputes cannot be decided in testamentary jurisdiction. Order 18 Rules 2 and 4 of the CPC did not expand the scope of evidence beyond what the party was bound to prove, and section 136 of the Evidence Act allowed the court to exclude irrelevant material. The court also accepted that the application was maintainable in its inherent jurisdiction and held that the impugned passages were not to be read in evidence, with no cross-examination required on them. en-us Tue, 29 Oct 2013 00:00:00 +0530 Mon, 25 Aug 2025 11:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457401 Evidence in testamentary proceedings is limited to matters in issue, namely due execution of the will and the testator's state of mind. Portions of an affidavit-in-lieu of examination-in-chief dealing with the deceased's residential address and disputes over ancestral title or the bequeathability of properties were irrelevant, because title disputes cannot be decided in testamentary jurisdiction. Order 18 Rules 2 and 4 of the CPC did not expand the scope of evidence beyond what the party was bound to prove, and section 136 of the Evidence Act allowed the court to exclude irrelevant material. The court also accepted that the application was maintainable in its inherent jurisdiction and held that the impugned passages were not to be read in evidence, with no cross-examination required on them. Case-Laws Indian Laws Tue, 29 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457401