CHAGLA, C.J.:- (His Lordship after narrating the facts of the case and matters not material for the purpose of reporting proceeded). But it is not sufficient to dispose of this matter on this ground because there is another important aspect of the matter which has been agitated at the bar and to which in our opinion it is necessary to make a reference.

Even if the appeal was competent, in our opinion it would have been futile for this Court to hear this appeal and go into the merits of the matter when probate proceedings have been launched and are actually pending before the Probate Court. Mr. Mehervaid says that we should decide the merits of the appeal because the decision given by the learned Judge on the various issues raised before him would become res judicata as between his client and the respondents in the probate proceedings.

In our opinion, it is clear that a decision as to the proof of the will given by any civil Court can under no circumstance operate as res judicata in probate proceedings taken out in the Probate Court. In a civil suit the Court is only concerned with deciding the rights between the parties. In a Probate Court the position is entirely different.