VIKAS Vs. ALL CONCERNED

JUDGEMENT

(1.) This is a revision petition under Section 115 of the Code of Civil Procedure, against the order dated 13-1-1994, passed by Civil Judge, Class 1, Sironj, District Vidisha in Misc. Case No. 4 of 1993, dismissing the application filed by the petitioner under Section 276 of the Indian Succession Act, 1925, for short, the 'Act', for grant of probate.

(2.) The application for grant of probate was filed by the petitioner in the Court of Civil Judge, Class I, on the basis of the will executed on 29-7-1989 in favour of the petitioner relating to the amount of the fixed deposit receipts valued at Rs. 31,000/-.

(3.) Civil Judge, Class I is appointed as delegate of the District Judge by the High Court under Section 268 of the Act and under Section 10(1) of the M. P. Civil Courts Act, 1958, to grant probates and letters of administration in non-contentious cases within the local limits of the area, as prescribed. In the petition for grant of probate after issue of citation, no objection was received. The Court after recording of evidence, found that it is not proved that it was the last Will and the deceased was mentally fit to execute the Will and, thus, rejected the application. Hence, this revision.