SEENA KAUR Vs. LEELA DEVI

JUDGEMENT

(1.) For the reasons stated in the application the delay in re-filing the present appeal is condoned.

(2.) The plaintiffs have lost before the learned first Appellate Court and have approached this Court through the present Regular Second Appeal.

(3.) The plaintiffs claimed that they were entitled to the terminal benefits of the deceased Itwari and that the Will dated September 29, 1993 propounded by Leela Devi, daughter of Itwari was illegal, bad and could not have been treated as valid. The suit filed by the plaintiff was decreed. However, on an appeal filed by defendant No.2, the learned first Appellate Court reexamined the evidence and held that the Will in question Ex.DW1/A was duly proved and was shown to be validly executed by Itwari. It was also noticed that Suresh Kumar son of Itwari, had pre-deceased him. It was also held that no suspicious circumstances existed in execution of the aforesaid Will. Consequently, the appeal filed by defendant No.2 was allowed and suit filed by the plaintiffs was dismissed. Nothing has been shown that the findings recorded by the learned first Appellate Court suffer from any infirmity or are contrary to record. No question of law, much less any substantial question of law, arises in the present appeal Dismissed.