AJIT KUMAR KHANDELWAL Vs. AMAR NATH KHANDELWAL

JUDGEMENT

(1.) Heard Mr. R.K. Jain, the learned advocate for the appellant as well as Mr. S.P. Choudhury, the learned advocate for the respondent No.1. None appears on call for the proforma respondents No.2 to 16.

(2.) By this appeal under Section 299 of the Succession Act, 1925, the appellant has assailed the judgment dated 07.04.2005, passed by the learned Additional District Judge, Cachar, Silchar, in Test. Suit No. 31 of 2001, thereby dismissing the petition filed by the appellant- plaintiff (hereinafter referred to as the "propounder") for grant of probate in respect of the 'will' of Late Hira Devi Khandelwal (hereinafter referred to as the "testatrix"), who had executed her will on 09.11994. The testatrix had died on 04.05.1999 at Silchar.

(3.) At the outset, it must be mentioned that as per endorsement dated 12.01.2000, made in the LCR, the original will is lying in safe custody of the learned trial Court, which had inadvertently not been sent to this Court along with LCR. Hence, the learned advocates for the contesting parties have consented that the matter can be heard on the basis of copy of will annexed to the Memo of Appeal.