JUDGMENT - LODHA R.M., J.:-The unsuccessful propounder of the Will and testament dated 15-11-1983 is in appeal before us. The learned testamentary Judge of this Court in respect of the subject Will held that the circumstances surrounding execution of the Will were so suspicious that it was impossible to believe that the Will was executed at the place and at the time and in the manner suggested by the plaintiff (appellant herein) and, accordingly, refused to grant the probate vide his judgment dated 28-11-1995. The said judgment is in challenge before us.

2. The appellant before us (hereinafter referred to as the propounder) filed the testamentary petition No. 176/1986 in this Court for probate of the Will and testament dated 15-11-1983 of the deceased namely Umeshchandra Madhav Joshi (hereinafter to be referred to as the testator). Few facts are thus: The testator was admitted to the ICU of the Breach Candy hospital on 13-11-1983 in the evening. On 14-11-1983, he is said to have decided to execute the Will as well as the power of attorney. He tells the propounder to contact M/s. Ramesh Shroff Co., a law firm for this purpose. The propounder contacts Ramesh Shroff Co., Mr. K.M. M

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