RAM KISHAN Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of an appeal which arises out of the judgment dated August 28,1993-passed by Additional District Judge, Delhi in Probate Case No.640/1993.

(2.) The appellant filed a petition under Section 276 of the Indian Succession Act for the grant of probate in respect of the Will dated October 8, 1981 alleged to have been executed by late Smt.Sirya Devi wife of Munna La), alleged to be paternal grandmother of the appellant who expired on December 9, 1981. The deceased was a resident of C-7,RanaPratapBagh, Delhi and in the petition only Mool Chandson of Shri Ghasi Ram respondent No.2 was impleaded as a party. The relationship of respondent No.2 with the deceased was not disclosed nor there was any averment made in the petition that deceased had left behind any other heir or near relation who would be interested in the property after her death. On objection being taken by respondent Mool Chand, the appellant Filed an application under Section 151 of the Code of Civil Procedure before the Additional District Judge for direction to respondent No.2 to furnish the names and addresses of other relations. The list of such relations comprising of three sets of relations; (i) six sisters sons and daughters of the deceased; (ii) three brothers sons and daughters of the deceased and (iii) two brothers and sisters of the appellant. Citation of the petition was duly published by publication in 'Savera', daily newspaper. Notices were also sent to the other near relations as stated above. Only eight of such relations, namely, Smt.Vidya Devi, Manbhawati Devi, Kasturi Devi, Sarjo Devi, Ram Phool Gupta, Ram Dhan, Suraj Bhan and Nanti Devi Filed joint written statement/objections dated September 12, 1985 wherein they denied that the deceased had executed any Will in favour of the appellant which was alleged to have been forged after the death of the testatrix. They also pleaded that she executed another Will dated 29th March, 1978 in favour of Mool Chand and that Will was registered and genuine document.

(3.) Respondent No.2 Mool Chand Filed his written statement/objections dated April 18, 1985 and inter alia pleaded as follows: