NAILNAKSHI N RAI Vs. INDIRA SHETTY

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel for the parties finally in this appeal.

(3.) The disputed Will Ex. D. 1 was held not legally proved by the Trial Court. But the Appellate Court on review of evidence look a contrary view and held that there cannot be any doubt in accepting this document as a genuine will. The High Court in second appeal without framing substantial question of law and treating the proceedings to be like a first appeal set aside the order of the Appellate court and held the will not to be believable. The question framed for consideration in Second Appeal by the learned Judge read as under.