UMRAO Vs. BAKSHI GOPAL BUX

JUDGEMENT

(1.) THIS is an appeal by Shrimati Umrao, widow of Balabux, and Shrimati Naraini, daughter of Badri Narain alias Badri Bux, against the order of the District Judge, Jaipur City, granting Probate of a will said to have been executed by one Ramchandra to Baxi Gopal Bax.

(2.) THE case put forward by Baxi Gopal BUX was that the deceased Ramchandra executed a will on the 9th of March, 1946, and registered it on the llth of April 1946. Ramchandra died in January 1947, and thereafter the present application was made by Baxi Gopal Bux who was the executor of the will for Probate.

(3.) THERE is no doubt that the two attesting witnesses for the respondent have not stated what they should have stated in order to prove that the will was executed in the manner provided by Clause (c) of Section 63. Learned counsel for the respondent, however, relies on certain authorities, and submits that the defect in the statements of the two attesting witnesses, namely Ramgopal and Nathulal has been made good by the evidence of the Scibe Gajanand and the Registering Officer Shri Chatterjee.