RAMGOPAL HAJARIMAL MARWADI Vs. JAITUNBAI YASINBHAI

JUDGEMENT

(1.) In this ease a probate was granted on January 15, 1920, to the appellants in respect of property worth Rs. 6,680, The appellants were appointed executors of the deceased testator by his will dated April 17, 1918, The present application was made by the respondent for revocation of the probate under Section 263 of the Indian Succession Act, XXXIX of 1925, on the allegation that the will was a forgery. The learned First Class Subordinate Judge, acting under the powers conferred by Section 28A of the Bombay Civil Courts Act, dismissed the application on the ground that in his opinion he was not satisfied that the will was a forgery.

(2.) On appeal, the learned Assistant Judge came to the conclusion that the will, Exhibit 141, was not a genuine will of the deceased Narsingdas, and, therefore, allowed the application and cancelled the probate already granted.

(3.) A preliminary point was raised before the learned Assistant Judge that the appeal did not lie to the Assistant Judge under Section 28A of the Bombay Civil Courts Act, 1869. Subjection (2) of Section 28A makes a provision with regard to appeals as follows:- Every order made by a Subordinate Judge by virtue of the powers conferred upon him under Sub-section (7) shall be subject to appeal to the High Court or the District Court according as the amount or value of the subject matter exceeds or does not exceed five thousand rupees.