PRABHU DAYAL Vs. SUWA LAL

JUDGEMENT

(1.) In this second appeal a learned Single Judge remitted the following two issues to the Additional District Judge, Alwar for remitting his finding on the same:- The learned Additional District Judge allowed the parties to produce evidence in support of their respective cases and thereafter gave its finding that the will dated 9-12-1955 alleged to have been executed by Ram Chandra in favour of Smt. Ganeshi was suspicious and was also not legal in as much as no probate under Section 57(a) as required by Section 213 of the Indian Succession Act had been obtained.

(2.) The finding was attacked by the learned counsel on the ground that the issue remitted by this Court did not confer jurisdiction on the Additional District Judge to judge the correctness of the will on the ground on which he had done.

(3.) I do not find any substance in the contention of the learned counsel for the appellant. The issue remitted was : Under this issue, the Additional District Judge could find out as to whether the will was suspicious or not and also whether its execution was legal or not. Both these aspects, fall within the jurisdiction of the Additional District Judge and were rightly decided against the appellant.