BHOLA YADAV Vs. JADUNANDAN PRASAD YADAV

JUDGEMENT

(1.) Heard learned counsels for both sides on I.A.No. 3833 of 2003, at flag-C, and I.A. No. 5708 of 2003, at flag-A.

(2.) The application at flag-C is under Section 151 of the Civil Procedure Code praying therein for modifying the order dated 1.7.2003 by which this second appeal was admitted by formulating a substantial question of law. It has. been submitted that substantial question of law was formulated on placement of wrong facts about the judgments of the lower Courts. The suit was filed for declaration that three gift deeds executed on different dates in favour of Deep Naryan Yadav and two others as well Will dated 24.1.1978 said to have been executed by Shri Lal Yadav in favour of defendant No. 1, Bhola Yadav, all were forged, illegal, not operable and not binding on the plaintiffs. There was prayer for other reliefs also.

(3.) From order dated 1.7.2003 it appears that it was observed that genuineness of Will could be decided only under special statute by a Court having statutory jurisdiction, i.e., by a District Court. The substantial question of law formulated was "whether the judgment passed by the Courts below are valid in the eye of law because of lack of jurisdiction". Learned counsel for the respondents, who has now appeared on issuance of appeal notice, submitted that on a perusal of the judgments of both the lower Courts it will be manifest that the lower Courts have concurrently declared the deed of gift to be illegal, void and inoperative, but they have left the decision about the Will to the Special Court where the matter was pending for probate of the Will.