DULHIN FUL KUERI Vs. MOTI JHARO KUER

JUDGEMENT

(1.) THIS appeal by the objectors is directed against an order granting letters of Administration of a registered will dated 27th of September. 1948 of Rai Kumar Dubey. After an application for probate of the said will was made by the respondent, the appellants entered appearance and filed a petition objecting to the said prayer. The application for probate was, thereafter, converted into a title suit. On the date, however, it was taken up for hearing, the appellants did not appear to contest the suit and the matter was taken up ex parte. One witness, Siujag Tewari, was examined on behalf of the respondent. By mistake his evidence has not been included in the paper book. The evidence included in the paper book is of a witness who was examined for the respondent at the valuation stage. Siujag Tewari has stated in his evidence that Rambeyas Choubey scribed the will according to the instruction of Raj Kumar Dubey, the testator. The contents of the will were read out and explained to the testator in presence of the witnesses and the testator put his pen mark on the will by way of execution and the scribe signed for him at his request, in presence of this witness and other witnesses. THIS witness and the other witnesses signed the will as attesting witnesses in presence of the testator. He has also proved the will and the signatures thereon. The application filed by the respondent was also in order and fulfilled all the requirements of law. In the circumstances, it cannot be said that the court below erred in passing the impugned order.

(2.) MR. Nakuleshwar Prasad, learned counsel for the appellants, has however, contended that no letters of Administration should have been granted to the respondent inasmuch as the will was not properly attested. According to him, since the persons who are witnesses to the will have not stated on the document itself that they put their signature in presence of the testator, the will was not properly attested. Learned Counsel does not appear to be correct in his submission. Section 63 (c) of the Indian Succession Act runs as follows:--