Hi,your query is not specific..Kinldy elaborate for better understanding 

1. No it does not apply on appeal and execution it is for trial.

2.in appeal high court shall only consider the facts and documents submitted before trial court it will not consider new facts or documents you can object on the will.

1) SC order would apply to stay given in appeals pending in HC 

2) there are suspicious circumstances surrounding will 

3) if there was any such will it should have been produced before trial court and not at sage of appeal 

4) dispute genuineness of will

1. No, it is applicable to trials only

2. facts are vague, pls elaborate for a prompt revert, however, from the available facts, i can say, the High Court won't consider new documents

Yes,

Court will not consider fact different to original pleadings in lower court.

It applies to all appeals but stay can be continued by recording reasons for the same by the court

1) these are suspicious circumstances surrounding the will 

2) it may be that Will was discovered later

3) satisfactory explanation has to be given by the appellant regarding sudden discovery of will after order of trial court 

1. The court in ordinary circumstance shall not accept such documents.

2. Sir that vacation of stay is for trial in appeal there will be stay pending the appeal.

NO, court will not consider such document. OR he will have to give reason, why he declare father died intestate in suit. Mere on this point appeal will dismiss for vexatious litigation.

You can file application in court u/s 340 CrPC.

does automatic vacating of stay after 6 months apply to Supreme Court order which states operation of judgement stayed till disposal of appeal 


---- NO

A will can be submitted in the hc if the will was found after the trial. A person can take a plea that he didn't know at the time of giving a statement in the trial court that the will exists.

Stay vacation means all stay orders stand vacated.

Regards 

You need to challenge the genuineness if the will and object to it strongly.  As said only if reasons are recorded stay can be continued beyond 6 months

1. The Stay automatically applies in the case where appeals are filed in High court or supreme court.
2. The will can be accepted by High court but it depends on the circumstances that how will it take the submission given in affidavit in Trial court. If the person submitting the evidence doesn't have prior knowledge of will then it can be accepted but after the Inquiry.

1.This depends on the language of the order generally Hon'ble SC's order apply to the case in which it has been passed,

2. If any court found it as perjury then will be dealt as a criminal offence committed before the court and all the courts are empowered by law to deal itself.

1. The Supreme Court order does not apply automatically to all cases. The order of the SC is impractical and, hence the High Courts are not following it strictly.

2. It is not clear from your query whether it is first appeal or second appeal. If it is Regular Second Appeal then High Court cannot intervene unless there is a substantial question of law involved.

3. If the man has pleaded before the trial court that his father died intestate then in appeal he cannot set up a will. This is absolutely impermissible.

1. swearing in before the Judge and stating that father died intestate would not preclude that person from later on relying on a Will of his father

2. it may be that at time of taking oath before trial judge, the Will was not traceable and was found only later on

3. so even if such a statement is made that father died intestate, that will not bar the person from relying on a Will later on when it is found by him and brought to notice of court

4. however the trial court will always ask that person to prove the Will by obtaining probate for the same

5. the SC judgment on the stay order being lifted after 6 months, should in my opinion also apply to SC order as well

1.  Though the intention of the supreme court is that the stay gets vacated automatically after six months, it is practically not being followed by many courts including high courts, so you cannot rely upon this.

2.Court may not take a note of such irregularities, it is the duty of the person who is opposing the appeal to bring out this lacuna and false information to then knowledge  of court in order to nullify their claim in appeal.

1. He may claim innocence of such document at the time of letting in his chief evidence during trial proceedings and may claim that he discovered the Will recently, you may dispute the will and get it rejected by your strong objections for the reasons you may rely upon.

2. It may not be be possible for an automatic vacation of stay until you take some initiatives in this regard

1. As per the information mentioned in the present query, makes it clear that your case falls under the category of evidence at advance stage.
2. No, in appeal nothing can be place in record as at this level only question or law is to be decided.
3. But, yes Hon’ble High Court has the discretion to allow any new evidence, but the same would depend upon the case to case and in your case it is not feasible at all.
4. They have stated false statements on the affidavit for which you can even file a criminal contempt of court petition on them before the Hon’ble High Court.