Judgment:

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Guwahati High Court in the First Appeal by the respondents. Before the High Court challenge was to the order passed by learned Additional District Judge (Fast Track Court) Manipur East, Imphal, in Original (Probate) Petition No. 14/92/19 of 2003.

3. Background facts as noted by the High Court are as follows:

Shri Yumnam Joykumar Singh, Smt. Yumnam Ningol Khumanthem Ongbi Bijanbala and Smt. Yumnam Ningol Binodini Dcvi, who are the respondents, are the son and daughters of late Yumnam Gouramani Singh. Smt. Yumnam Ongbi Tampha Ibema Devi, who is the appellant in this appeal, is the widow of late Yumnam Mani Singh, son of the said late Yumnam Gouramani Singh, Smt. Yumnam Ningol Harijabam Ongbi Binodkumari Devi, who is the respondent No.2 in this appeal, is a daughter of late Gouramani respondent. Smt. Loitongbam Ningol Yumnam Ongbi Ibeyaima Devi, Yumnam Raynold Singh and Kumari Yumnam Rina alias Riya Devi, are widow, son and daughter respectively of late Yumnam Birmani Singh, son of the said late Yumnam Gouramani Singh. Smt. Yumnam Ongbi Lalitabi Devi, is the widow of the said late Yumnam Gouramani Singh. Shri R.K. Barunisana Singh, who is the proforma respondent in the appeal, is the husband of Binodini. Appellant filed an application alleging that her father in-law Yumnam Gouramani Singh duly executed his last will on 13-8-86 in accordance with law in presence of two attesting witnesses bequeathing the plot of land under C.S. Dag No. 16/2720 measuring `053 acres of Patta No. 304 of Unit A-1, Imphal Municipality at Thangal Bazar along with building standing thereon in her favour. In this application, the appellant prayed for granting letters of administration with the Will annexed in her favour. The appellant before the High Court and respondent Nos. 6, 7 and proforma respondent No.8 opposed the application by filing a written statement wherein they denied the alleged due execution of the will. It was submitted that there was no execution of a will much less in accordance with law. It was also stated that on the alleged date of execution of the will i.e. 13.8.1986, the said Yumnam Gouramani Singh was staying in U.P. and not in Imphal. It was also alleged that there were suspicious circumstances which ought to be considered before the will could be accepted as genuine. It is to be noted that in the proceedings before the learned Additional District Judge the following three issues were framed.

"(1) Whether late Yumnam Gouramani Singh left behind a Will dated 13.8.1986 bequeathing the plot of land under C.S. Dag No. 16/2720 measuring 53 acres of patta No. 304-A of Unit A-1 Imphal Municipality to the petitioner Yumnam Tampha Ibema Devi?

(2) Is the Court fee paid properly?

(3) Is the petitioner Yumnam Tampha Ibema Devi entitled to the relief claimed?"

It appears that by judgment and order dated 9.4.2004 the learned Additional District Judge accepted the prayer and directed as follows:

"Heard Learned counsel for the parties. And also for the discussion, observations and reasons aforesaid, I am of the view that (L) Y. Gouramani Singh had executed the will Ext.A/1 in favour of the petitioner. In the result, it is ordered and decreed that a letter of administration be issued in favour of petitioner on her deposit of the requisite stamp as required by the Indian Succession Act, 1925, minus the plot of land given in Exts. B/1,B/2,B/3 and B/4. Case is accordingly disposed of."

The primary stand before the High Court was that no issue was framed regarding the genuineness of the Will, and the requirements of Section 63 of the Indian Succession Act, 1925 (in short the `Succession Act) and Section 68 of the Indian Evidence Act, 1872 (in short the `Evidence Act) were not kept in view. The High Court accepted the prayer particularly with reference to the evidence of PW 2 who claimed to be one of the attesting wit