Judgment

HEGDE, J.: In this appeal by certificate the sole question that arises for decision is whether the will said to have been executed by Mahamahopadhya Shyamnarain Chaturvedi (who will be hereinafter referred to as the testator) on November 25, 1945 is genuine. The testator died on February 26, 1946. Some of the beneficiaries under the will including the first respondent to this appeal sought to probate the said will before the court of District Judge, Saran. Before the learned District Judge, two questions arose for decision viz. (1) whether the will propounded is genuine and (2) whether the testator was in a sound and disposing state of mind at the time he is alleged to have executed the will. The trial court held that the will was not proved to be genuine. But as to the mental condition of the testator at about the time of the execution of the will, it rejected the contention of the objectors and came to the conclusion that he was in a sound disposing state of mind. The applicants took up the matter in appeal to the High Court of Patna. In the High Court the finding of the trial court that the testator was in a sound disposing state of mind at about the time of the executio