ORDER

This appeal by special leave arises from the judgment dated April 2, 1979 of the Punjab & Haryana High Court in L.P.A. No. 521 of 1975. The Division Bench of the High Court has gone into the genuineness of the Will executed by Bhagwana on October 15, 1957. Bhagwana died on September 2, 1958. The appellant laid claim over the property of her father. The trial Court and the appellate Court upheld the Will and denied the relief. Learned single Judge in Second Appeal No. 451 of 1972 by order dated September 16, 1975 set aside the judgment and granted the decree. In the Letters Patent Appeal the Division Bench restored the decree of the trial Court dismissing the suit. Thus, this appeal by special leave.

2. Learned counsel for the appellant, after elaborate preparation of the facts, though of complicated nature, has contended that in the first litigation between the collaterals the appellant, the appellant was not a party. The courts below, having held that there is no proof of collateral ship, ought not to have gone into the genuineness of the Will and record a finding in that behalf. Even otherwise, the finding does not find the appellant a party to the earlier suit. In this suit,