BABAN (DEAD) Vs. JAGATRAM (DEAD )

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiffs' second appeal is as under: -

(2.) Plaintiffs No.1 and 2 and defendant No.1 are three brothers. The plaintiffs father Tingu executed Will (Ex.D/4) on 3.3.1988 in favour of his son defendant No.1 to the extent of his share, which was challenged by the plaintiffs on the ground that Will is forged and fabricated and defendant No.1 has no right on the basis of said Will. The trial Court accepted the Will to be duly executed and attested in favour of defendant No.1. In appeal, it was upheld by the first appellate Court. Against which, this second appeal under Section 100 of the CPC has been preferred by the appellants/plaintiffs, in which substantial question of law has been formulated and set-out in the opening paragraph of this judgment.

(3.) Mr.Manoj Paranjape, learned counsel appearing for the appellants/plaintiffs, would submit that both the Courts below have committed legal error in holding that execution and attestation of Will in favour of defendant No.1 by Tingu, original holder, has been proved in accordance with law, which is liable to be set aside.