LAWS(ORI)-2015-2-71

DEBI PRASAD MOHAPATRA Vs. STATE OF ORISSA

Decided On February 11, 2015
Debi Prasad Mohapatra Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) The appellant's petition under Section 276 of the Indian Succession Act, 1925 having been dismissed by the learned Civil Judge (Sr. Divn.), Khurda, the present appeal has been preferred. Facts necessary for the purpose of this appeal are as under:

(2.) In the proceeding the appellant examined himself as also one of the attesting witness and tendered the will in original and the death certificate of the testatrix in evidence which are marked Exts. 1 and 2.

(3.) The court below having gone through the evidence has assigned the following reasons in holding that the appellant has failed to prove due execution and attestation of the said will by the testatrix: