RAM SHANKAR Vs. BALAKDAS

JUDGEMENT

(1.) Whether such an issue can be struck and decided by a Civil Court that Will "A" is the last Will of the testator and Will "B" is not?

(2.) According to me, that is the crucial question arising for decision in this case and that view, I had taken when I heard this matter on 31-7-1991. Finally, counsel were heard on 8-8-1991, but on his prayer being allowed in that regard, appellants' counsel Shri Mishra filed the written arguments on 18-8-1991. Those are also taken into consideration in deciding finally this appeal.

(3.) It may be, however, noted that on 8-5-1991, an interim order was passed in this matter. Respondent's counsel, Shri N. K. Jain, gave an undertaking that money lying in deposit in Sabalgarh Post Office, whose corpus, according to plaintiffs/appellants, was of the order of Rs. 75,000/-, shall not be withdrawn by the respondent without this Court's prior permission. Another undertaking was given that account shall be maintained of the rent realised from the suit property and that shall be filed in Court in this matter. Those were accepted.