RATI PAL SINGH Vs. RAM KARAN SINGH

JUDGEMENT

(1.) Heard, Shri D.K.Singh Chauhan, learned counsel for the appellants and Shri Suraj Narain Srivastava, learned counsel for the respondents.

(2.) This First Appeal From Order has been filed against the judgment and order dated 19.03.1998 passed by the IV Additional District and Sessions Judge, Unnao by means of which application under Section 263 of the Indian Evidence Act has been allowed and the letter of administration issued in favour of the appellant by means of order dated 01.03.1980 passed in Misc.Case No.29 of 1979 has been revoked and the application filed for inquiry in regard to blurring the standard thumb impression has been rejected.

(3.) The brief facts of the case for adjudication of the present appeal are that the appellant had filed a petition under Section 278 of the Indian Succession Act, 1925 (Here-in-after referred as Act of 1925) for grant of letter of administration before the District Judge, Unnao on the basis of an unregistered Will deed dated 06.10.1978 executed by one Smt. Rani Kunwar widow of Shri Kailash Singh, who had died on 6th of April 1979 in Village Jatsara, Pargana Daundiya Khera, Tehsil Purwa, District Unnao. The petition was registered as Civil Misc. Case No.29 of 1979, which was filed arraying the estate of Mst.Rani Kunwar as opposite party. The petition was allowed and the order was passed for issuance of letter of administration on 01.03.1980. Consequently the letter of administration was issued.