MANGALBHAI RANCHHODBHAI VAGHELA Vs. SURESHBHAI MANIBHAI P ATEL

JUDGEMENT

(1.) The present First Appeal is filed under Sec. 299 of the Indian Succession Act, 1925 (for short "the Act")read with Sec. 96 of the Code of Civil Procedure Code against the order dtd. 1/1/2020 by the Principal Senior Civil Judge, Anand in Civil Misc. Application No.50 of 2018. It is a case where on 12/4/2018, the appellant has filed an application before the Civil Judge, Junior Division, Umreth under the provisions of Sec. 276 of the Act and filed an application being Probate Misc. Application No.06 of 2018 for the probate of registered Will.

(2.) After the orders passed internally between the Court at Umreth and by the District Judge at Anand, ultimately the application was taken up for adjudication by the Principal Senior Civil Judge at Anand. Insofar the application being conducted by the Principal Senior Civil Judge at Anand, there is no issue with regard to the jurisdiction.

(3.) The application came to be dismissed mainly on the ground of failure on the part of the appellant to produce even the original Will on the basis of which probate was sought for.