BHUPENDRA SINGH MUCHHAL Vs. JASPAL SINGH

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 10.03.1998 passed by 7th Additional District Judge, Bilaspur, M.P. (Now C.G.) in Civil Suit No. 4- A/1994, wherein the said court decreed that amount of Rs. 53,000/- which is deposited in FDR of Punjab National Bank, branch- Barela, Takhatpur, District- Bilaspur will be distributed to all the sons of late Ram Kaur.

(2.) Originally, the suit was filed by Ram Kaur that amount of Rs, 25,000/- was deposited in the said bank on 13.08.1984 for seven years by Ram Kaur and name of the appellant was mentioned in the said fixed deposit as appellant was the more literate person of the family therefore, Ram Kaur is solely entitled to get the amount fixed deposited.

(3.) From the evidence adduced before the trial court, it is established that the amount was fixed deposited by Ram Kaur and the appellant. Respondent Jaspal Singh, Satpal Singh were substituted in place of Ram Kaur on the ground that Ram Kaur executed a will in favour of Jaspal Singh & Satpal Singh on 06.01.1995. Two persons namely Gulab Singh and Sharanpal Singh were attesting witnesses of said will, but no one examined before the trial court and in absence of deposition of any of the attesting witnesses, will was not proved.