RAMPRASAD Vs. BHERULAL

JUDGEMENT

(1.) This miscellaneous appeal is directed against the order dated 11-880 passed by the fifth Addl. District Judge, Indore in Probate Case No. 32 of 1978.

(2.) The facts leading to this appeal, in short, are that the appellant filed an application in the court of the Fifth Addl. District Judge, Indore for obtaining a probate of a Will alleged to have been executed by one Sahodra Bai. The application was resisted by the respondents on the ground that the Will is not genuine and a preliminary objection was also raised that the said Will, on which a probate is being sought, is not a Will because it does not fall within the definition of a 'will'. The lower Court raised the preliminary issue which was issue No. 5 to the effect that whether the disputed document falls within the definition of a 'Will' and held that the document does not fall within the ambit of Will and hence the application seeking probate was dismissed. Hence this appeal.

(3.) The learned counsel for the Appellant Shri Trivedi challenges the order of the lower court on the ground that the learned lower court has wrongly construed the document for holding that it is not a Will. The document could not be interpreted on the basis of a few words only. The document has to be read as a whole and reading of only a few sentences could not lead to a conclusion that the said document was not a will. If the document is read as a whole it will be clear that it was effective only after the death of the deceased.