BACHAN KAUR Vs. BHAGWAN KAUR

JUDGEMENT

(1.) Leave granted.

(2.) The main question before the appellate court was with respect to the proof of will said to have been executed by Karnail Singh. The trial court held that the truth and genuineness of the will is not established while the appellate court has taken a contrary view.

(3.) Proof of will is not a pure question of fact but a mixed question of fact and law, which is evident from the facts of this case as well. In the circumstances this was not a matter which the High court should have dismissed in limine. The High court ought to have admitted the second appeal and decided it on merits. Accordingly, the appeal is allowed and the matter is remitted to the High court for admitting the appeal and for dealing with it in accordance with law. No costs.