JUDGMENT - D.R. DHANUKA, J.:---Shri Hansraj Jeewandas Thacker (hereinafter referred to as 'the deceased') died at Bombay on or about 5th day of December 1981. Shri Pradeep Kantilal Shroff has filed Petition No. 766 of 1984 for issue of letters of administration alongwith 'Will annexed' of the deceased being the document Exhibit 'A' to the petition. The document Exhibit 'A' to the petition is the document in dispute. One Nirupa Manilal Thacker has filed a Caveat opposing the grant sought for by the petitioner on various grounds. The following preliminary Issue is required to be considered and decided by the Court's :

Preliminary Issue :

Whether the document Exhibit 'A' to the petition is a Will?

2. It is necessary to consider as to whether the document Exhibit 'A' to the petition is liable to be considered as 'Will' within the meaning of section 2(h) of the Indian Succession Act, 1925. If the Court comes to the conclusion that the impugned document on it's construction does not amount to 'Will' within the meaning of section 2(h) of the said Act, the petition would fail on this ground alone. For the purpose of examining the abovereferred contention, it shall have to be considered as

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