NARENDRA NATH NANDA Vs. STATE & ORS.

JUDGEMENT

(1.) Appellant filed a petition under Sec. 278 of the Indian Succession Act, 1925 for grant of Letters of Administration for the estate left behind by his mother late Smt. Krishna Pyari Nanda, who died in New Delhi on March 08, 1994. It was pleaded by the appellant that the deceased was survived by four sons and had died intestate. The three siblings were impleaded as respondents. They set up a will, Ex.R-1, dated Nov. 05, 1987 as the last legal and valid testament executed by Krishna Pyari Nanda. They filed a receipt issued by ANZ Grindlays Bank Branch Connaught Place, New Delhi and pleaded that the will was in custody of the bank. A true English translation of the will propounded was filed with the reply.

(2.) Bank official being directed to be present with the will, appeared before the learned Single Judge on May 12, 1995. Receipt dated Nov. 05, 1987 issued by the Chief Manager's Office of the Branch was handed over to him to facilitate such docket which was received in the office of the Chief Manager to be located. On July 21, 1995, the officer informed that in spite of best efforts made the docket could not be located and at that junction the Court permitted the respondents to place on record a carbon impression of the will Ex.R-1, which shows that the matters scribed thereon is a carbon print with signatures of the executor and the witnesses penned in original.

(3.) On the pleadings of the parties, on Oct. 09, 1995, the following three issues were settled in Test Cas. No.13/1994 filed by the appellant:-