KALYAN SINGH Vs. GAIND KANWAR

JUDGEMENT

(1.) THIS is a miscellaneous appeal by the objector Kalyansingh in a probate matter.

(2.) THE facts leading up to this appeal may be shortly stated as follows. Thakur Moolsingh with respect to whose estate the present proceeding has arisen died on the 2nd November, 1956. THE case of the respondents who are his daughters and were petitioners in the court below was that on the 22nd June, 1956, Thakur Moolsingh had made a will by which he bequeathed all his properties and his right to receive compensation of the jagir held by him in their favour. This will was registered on the 6th July, 1956. THE petitioners applied for probate of the will on the 4th Dec, 1956. In this application they mentioned the appellant as one of the kith and kin of the deceased Thakur Moolsingh. A citation was issued to Thakur Kalyansingh and accordingly on the 23rd March, 1957, he filed an objection to the grant of probate to the petitioners of the alleged will. No affidavit was filed along with this objection. THE petitioners, therefore, made an application on the 3rd Aug. , 1957, praying that as Kalyansingh had not filed his affidavit within 14 days of the submission of his objection as required by the R. 778 of the Rules of this Court, the caveat be discharged. THEreupon Kalyansingh filed an affidavit on the 2nd Sept. , 1957. THE learned District Judge held that the affidavit in support of the objection should have been filed within 14 days of the same having been lodged, and, that having not been done, the caveat deserved to be discharged and he ordered accordingly. THE present appeal has been filed by the objector Kalyansingh from the aforesaid order.