SHASHIBEN BACHUBHAI RANA Vs. STATE

JUDGEMENT

(1.) Draft amendment is allowed as prayed for.

(2.) Present appeal is directed against the judgment and order dated 29.04.2013 passed by the learned Principal Senior Civil Judge, Gadhinagar in Civil Misc. Application No.107 of 2009, whereby, the learned Judge has dismissed the application for probate.

(3.) The short facts of the case appear to be that the appellantoriginal applicant submitted application for probate under Indian Succession Act based on the "Will" executed by late Shri Atmaram Zaverbhai Patel who passed away on 27.08.2009. The aforesaid application was registered as Civil Misc. Application No.107 of 2009 before the learned Judge. The learned Judge directed for issuance of the public notice in the daily newspaper 'Sandesh' and it was so published on 14.01.2010. The public notice was ordered to be placed on the notice board of District Court; Collector Office, Gandhinagar and Mamlatdar Office. In response to any public notice, none filed objections. The appellantapplicant examined witnesses to show the genuineness of 'Will' and supporting documents were also produced. The learned Judge, thereafter, framed issues as to whether the applicant is entitled to get the probate under Section 222 of the Indian Succession Act or not? The learned Judge, thereafter, ultimately dismissed the application by the impugned judgment. Under the circumstances, present appeal before this Court.