RAMESH CHANDRA Vs. MAHENDRA KUMAR SAHU

JUDGEMENT

(1.) This appeal under Section 384 of Indian Succession Act, 1925 (for short the Succession Act) has been filed by the appellant assailing the impugned order dated 31.10.2008 whereby his application under Section 276 for grant of probate of the Will has been rejected by the Court below.

(2.) The facts leading for the disposal of this appeal lie in a narrow compass. Suffice it to say that an application under Section 276 of the Succession Act was submitted by the applicant/appellant stating therein that Ramdayal who was his maternal uncle had died on 14.4.1994 and before his death a Will was executed by him in favour of the appellant namely Ramesh Chandra but the respondents are denying the execution of the Will and hence he filed an application under Section 276 of the Succession Act for grant of probate to him.

(3.) The first respondent namely Mahendra Kumar Sahu did not appear in the court below despite he was served. However, respondent no.2 Balchand Sahu by filing written reply refuted the averements made in the application of the grant of probate and prayed that the Will is forged, fabricated and concocted document and hence the appellant is not entitled for any probate.