BHANVARILAL SHARMA Vs. RAJ KUMAR SHARMA

JUDGEMENT

(1.) This is a statutory appeal under Section 299 of the Indian Succession Act, 1925 (herein after referred to as 'the Act') directed against the judgment and order dated 5-12-2001, passed by the District Judge, Shillong, in Test Case No. 1 (H) 2000, by which the petition of the present appellant herein for grant of probate of the Will was rejected.

(2.) One Shri Laduram Sharma, a Hindu had lived at Shillong and died at Shillong on 2-12-93. Before his death the said Laduram Sharma executed a Will on 3-11-93 thereby bequeathing some of his properties situate at Shillong and the petitioner was named as executor. On 24-5-2000, petitioner filed a petition for grant of probate. Objectors came and filed their objections taking the stand, inter alia, that the Will is a manufactured document and that the Will was not executed by the alleged testator and the learned District Judge passed the impugned judgment and order thereby rejecting the application for probate on three grounds. According to the District Judge, the Will was executed on 3-11-93 but the petition for probate has been filed only on 24-5-2000 thus it is barred by time. It was also held that the original Will was not produced before the Court. Lastly, the District Judge held that neither the petitioner examined himself nor produced any attesting witnesses before the Court.

(3.) I have heard Mr. P. K. Borah, learned counsel for the petitioner appellant herein and also Mr. N. D. Chullai, learned counsel for the objector respondent herein.