RAMA MISHRA Vs. JITENDRA KUMAR

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS is plaintiffs Second Appeal under Section 100 of CPC against the judgment and decree dated 14.03.2011, passed by the District Judge, Bilaspur, in Civil Appeal No. 3-A/10 affirming judgment and decree dated 31.10.2009, passed by the 2nd Civil Judge, Class-I, Bilaspur, in Civil Suit No. 97-A/05.

(3.) SHRI Rajeev Bharat, learned counsel appearing for the appellant would submit : in view of admission of respondent No 5/ Chandrabhaga Tripathi, who is also an attesting witness, in her written statement para 3 regarding execution of Will-deed by late Parwati Bai in plaintiffs favour, the requirement of Section 68 of the Act, 1872, stands satisfied and the court below have erred in holding Will-deed has not been proved in the manner, as required by Section 58 of the Act, 1872.