GANGADAS Vs. MOOLCHAND

JUDGEMENT

(1.) THIS is an appeal by one Gangadas against an order of the District Judge, Jodhpur dismissing his objection to the grant of probate of a will alleged to have been executed by one Haridas deceased in favour of Mool -Chand respondent.

(2.) GANGADAS is the real brother of Haridas. If the will is not proved to have been duly executed, then Gangadas will inherit the property of Haridas.

(3.) IN the affidavit it was stated by Gangadas that he was employed as a Patwari in Bilara Tehsil and his official duties required him to be busy during the months of September. October and November so that he was unable to come to jodhpur to file an affidavit. Further it was alleged that he came to Jodhpur on 24 -11 -1967 but on that date his lawyer Shri Vishva Nath Vyas was lying ill.