Substantial Questions of Law Mandatory; Section 68 Evidence Act Does Not Apply to Registered Sale Deeds

Case Snapshot

• Case Name: R. Veronica & Anr. v. Rudrayani Devaki (D) Through LRs. S. Satha Kumar & Ors.

• Citation: 2026 INSC 703

• Bench: Justice J.B. Pardiwala and Justice Manoj Misra

• Date of Judgment: July 14, 2026

• Area of Law: Civil Procedure, Evidence Law, Property Law

Judgment in Brief

The Supreme Court set aside the High Court's judgment and remanded the matter for fresh disposal of the Second Appeal. The Court held that the High Court had committed two fundamental errors: (1) it allowed the Second Appeal without formulating any substantial question of law as mandatorily required under Section 100 of the Code of Civil Procedure, 1908; and (2) it erroneously applied Section 68 of the Indian Evidence Act, 1872, to a registered sale deed, which does not require attestation by law. The Court clarified that Section 68 applies only to documents required by law to be attested (such as wills, gifts, and mortgages) and not to registered sale deeds. The proviso to Section 68 cannot be construed independently of the main provision and cannot create a separate rule for all registered documents. The matter was remanded to the High Court for de novo consideration after formulating substantial questions of law.

Relevant Facts

• The original plaintiffs (respondents) filed a suit for declaration of title, recovery of possession, and cancellation of a sale deed (Ext. A4) executed by defendant No. 3 in favour of defendant No. 1.

• The plaintiffs claimed title based on a sale deed dated December 19, 1978 (Ext. A3), executed by Vanajakshi in their favour, and a subsequent joint sale deed dated December 31, 1979 (Ext. A2).

• The defendants denied the execution of Ext. A3 in their written statement.

• The Trial Court decreed the suit in favour of the plaintiffs.

• The First Appellate Court reversed the Trial Court's decree, holding that the plaintiffs failed to prove the execution of Ext. A3.

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