BHAGIRATH Vs. SHANKARLAL

JUDGEMENT

(1.) This revision is directed against the order dated 31.8.1994 passed by Civil Judge, Class II, Jawad in Civil Execution No. 14/90 whereby the Executing Court has declined applicants prayer for substitution in lice of his deceased mother decree holder and to allow him to proceed with the execution on the basis of a Will said to have been executed in his favour by the deceased decree holder.

(2.) The prayer has been declined solely on the ground that the applicant has not obtained probate for the Will set up by him.

(3.) I have heard Mr N. D. Sharma, learned Counsel for the applicant. None has, however, appeared for the non-applicant.