KIRAN KUMARI Vs. SETHANI PRABHAVATI KANWAR

JUDGEMENT

(1.) THIS is an appeal against the order of the learned District Judge Ajmer, dated october 6, 1960 dismissing the joint application filed by appellant Smt. Kiran kumari alias Roop Kanwar and her husband Narendraput Singh for the grant of probate of a will (Ex. 1) said to have been executed by Smt. Manohar Kanwar on july 20, 1947, in favour of Smt Kiran Kumari. Smt. Manohar Kanwar was the second wife of Seth Gumanmal and died issueless on July 16, 1949. Guman Mal's first wife Smt. Sobhag Kanwar had died in 1901 leaving behind a son Jeetmal and a daughter Ratan Kanwar. Jeetmal died and Smt. Prabhavati Kanwar (respondent no. 1) is his widow. Smt. Ratan Kanwar was married to one Deep Chand and appellant Smt. Kiran Kumari is their daughter. Respondent Man Mohan Lal claims to be the adopted son of Smt. Prabhavati Kanwar. An application was filed by narendraput Singh before the District Judge, Ajmer, on August 9, 1949, for probate of the aforesaid will, in his capacity as its executor. Smt. Prabhavati kanwar, Manmohan Lal and one Anand Mal Lodha (respondent No. 4) contested that application on the grounds, inter alia, that no will had been executed by manohar Kanwar and that the application was bad for non-joinder of necessary parties. The learned District Judge framed the following four issues,-1. Is the application bad for non-joinder of nccessary parties ?

(2.) HAS the applicant under-valued the assets and paid deficient court-fee ? If so, what should be the valuation and necessary court-fee?

(3.) WHETHER the will propounded by the applicant was duly executed by mst. Manohar Koer and was it duly attested? Is the will vitiated on any of the grounds stated in para 9 of the additional plea of the objection lodged by Sethani Prabhavati Koer ?