RAMCHANDRA VISHNU JOSHI Vs. RAMABAI GOVIND GADRE

JUDGEMENT

(1.) THIS appeal arises out of a petition dated January 9, 1934, for probate of a will alleged to have been executed by one Govind Mahadeo Gadre on July 30, 1894. The petition was opposed by opponents Nos. 4 and 5, the sons of the nephew of the alleged testator, named Martand and Janardhan. Their father was Trimbak whose father was Balkrishna, the brother of Govind, the alleged testator. I shall refer to opponents Nos. 4 and 5 as the opponents. The grounds for opposition to the grant of probate were, first, that no such document as was relied upon by the petitioner had ever been executed by Govind; secondly, that if executed at all, it was executed when Govind was not in a sound disposing mind; thirdly, that, in any case, the original document not having been produced, there was no admissible and sufficient secondary evidence to determine what the terms of the document were; fourthly, that assuming that there was such a document executed in the terms alleged and that there was sufficient secondary evidence of it, the document was not a document that could be regarded in law to be a will capable of probate.

(2.) THE learned District Judge, before whom the petition was taken, decided all the preliminary points in favour of the petitioner, but he accepted the final contention of the opponents and held that the alleged will was notin terms of issue No. 3 before him,"a will in law capable of being admitted to probate".

(3.) A distinction was made between the cases of opponents Nos. 4 and 5. The former did not appear and did not produce accounts, which presumably would have been against him if produced. The latter appeared and gave false evidence. No distinction need be made between the two for the purposes of the only issue argued before us.