(1.) This is an appeal from the judgment and order of the High Court of Judicature at Nagpur dated 29th September 1941, which set aside an order of the Additional District Judge of Jubbulpore, dated 20th September 1939.
(2.) The appeal arises out of an application made by respondent 1 for the grant of probate of a will (dated 3lst July 1938) executed by one Ganesh Prasad hereinafter referred to as the testator on 1 August 1938, in which he had been appointed as the executor
(3.) The testator died on 4 August 1938, and respondent 1, as the executor, applied for probate of the will on 29 August 1939.