Judgement

JAGANMOHAN REDDY, J.:- This appeal is by special leave against the grant of a probate of the will of Bhim Sain Arora dated February 8, 1961 in favour of his wife Saraswati. The deceased who had lost his first wife on April 14, 1959 had advertised in September 1960 for a wife in the matrimonial column of Sunday Tribune of Ambala. The advertisement is as follows:

"A widower renowned merchant, desires to marry accomplished and liberal-minded Punjabi Hindu unmarried or issuless widow from a respectable family of above 30 years of age. Write confidentially to Box No.47170 C/O Tribune, Ambala".

The respondent Saraswati, aged 35 years, a Doctor by medical profession who was also on a look-out for a husband replied on October 4, 1960, not in her name but purporting to be in the name of Mrs. Puri - her mother. In this letter a few particulars were called for regarding "the gentleman in question e.g. age, location, percentage, any issue out of first wife, education etc.". She also asked for clarification of "the exact expectation by the words "liberal-minded . This letter was replied to by one Amalendu Chaudhuri, Personal Assistant to the deceased Bhim Sain on October 11, 1960. This l