RAJ KUMAR AND ANR. Vs. STATE AND ORS.

JUDGEMENT

(1.) CM No. 22013/2010.

(2.) THIS appeal arises out of an order passed by the Addl. District Judge dated 05.08.2010 whereby the Addl. District judge has allowed an application filed by the Respondents under Section 11 of Code of Civil Procedure and dismissed the Probate petition No 319/06 filed by the Appellant under Section 276 of Indian Succession Act seeking probate of the will dated 02.04.1998 holding that the issue had already been decided by the said Court in petition No 318/06 in which the parties were same and therefore the Court cannot try the same issue again being hit by Section 11 of CPC.

(3.) THE Appellants who were arrayed as Respondents in the aforesaid probate petition raised objections to the grant of probate to the will dated 22.08.1994 by alleging that the said will was a forged and fabricated one and the testatrix has executed another will dated 2.4.1998 propounded by them. However, to prove that Will no evidence was led by them. In the said probate petition, the Additional District Judge after going through the statement of the witnesses particularly the attesting witness i.e PW 3 came to the conclusion that the will dated 22.08.1994 was validly executed by the testatrix and as there was no evidence led by the Appellant. It was held that no other will was executed by the same testatrix. The issue was thus decided in favour of Respondent. The Appellant aggrieved by that order of the Ld. ADJ challenged it before this Court in FAO 276/2010.