The Hon’ble Supreme Court, on 18th June 2020, in the matter of Shamita Singha & Anr. v. Rashmi Ahluwalia & Anr. held that the principle of “First past the post” does not apply to a petition for transfer under Section 25 of the CPC. It is to be decided on consideration of the ends of justice.
The Hon’ble Supreme Court observed that:
The Probate Court is not competent to determine the question of title of the properties forming subject-matter of a Will. (Para 4)
A petition for transfer under Section 25 of the CPC, however, is decided on consideration of the ends of justice. The “First past the post” is not the principle that can be applied in proceedings of this nature. (Para 8)
Copy of judgement: Judgement_18-Jun-2020
-Adv. Tushar Kaushik