BALWANT Vs. MAINABAI

JUDGEMENT

(1.) This appeal under S.299 of the Succession Act, 1928 (for short 'the Succession Act') is directed against the order Dt/-12-12-1987 passed by the Additional Judge to the District Judge, Indore, at Mhow, dismissing the appellant's application under S.276 ibid for grant of Probate, on the finding that it is barred under Art. 137 of the Limitation Act, 1963 (for short 'the Limitation Act').

(2.) Circumstances giving rise to this appeal are there. The appellant Balwant filed an application before the learned lower Court on 26-4-80 under S.276 of the Succession Act for grant of Probate stating that Bonder who died on 24-12-73 had executed a Will Dt/-20-9-1973 and thereunder he is the legatee and also the executor.

(3.) The aforesaid application was opposed by respondent Mainabai who is the widow of Kanhaiyalal, pre-deceased son of Bonder. According to her the Will is a forged one.