GENDA SINGH SON OF SHRI GHEESA LALJI KACHHAVA Vs. RAJNISH KUMAR KACHHAVA SON OF LATE SH. PREM CHAND KACHHAVA

JUDGEMENT

(1.) This civil misc. appeal has been filed under Section 299 of the Indian Succession Act against the judgment dated 26.10.2010 passed by District Judge Ajmer (hereinafter 'the trial court') in contentious civil suit No. 57/07 arising out of Civil Misc. Probate Petition No. 21/2004, whereby the trial court has dismissed the application for grant of probate.

(2.) I have heard Mr. M.M. Ranjan Senior Counsel assisted by Mr. Rajat Ranjan for the appellant and Mr. Resham Bhargava for the respondent No. 1.

(3.) The case of the appellant before the Trial Court was that his brother Prem Chand had executed a will on 14.08.2003 in his favour, had thereafter expired on 23.08.2003 and the said will be probated. Following public notice on the application aforesaid, objection was submitted by the son of Prem Chand, one Rajneesh Kumar Kachhawah. Objections by other defendants was also filed. In view of the challenge to the will, the probate proceedings were converted to a contentious suit registered as civil suit No. 57/07. The plaintiff examined himself and two other witnesses, one Natwar Singh and one Manish, the purported attesting witnesses. The objector examined himself as PW 1 Rajneesh Kumar Kachhawah and three other witnesses Ramesh Chand Sharma, Ramesh Kachhawaha and Kailash Kachhawaha as PW-2, 3 and 4. The plaintiff relied on and exhibited 74 documents and objector relied on and exhibited 19 documents.