JUDGMENT :

This is a second appeal of the plaintiff. He had succeeded in obtaining a decree for declaration of his being the exclusive owner in possession of the suit properties on the basis of a will executed by one Laxmibai on 30.06.1956 who was his maternal aunt. But he is aggrieved by the judgment and order of the lower appellate court which allowed the respondents’ (defendants) appeal, quashed and set aside the judgment and decree passed by the trial court and dismissed the suit.

2. The second appeal was admitted on 22.09.1992 without formulating substantial questions of law as is mandated by Section 100 (3) of the Code of Civil Procedure. Having noticed this fact, by the order dated 23.02.2022 I had called upon the learned advocate Mrs. Deshmukh for the appellant to formulate and tender substantial questions of law. She has submitted those on the last date and I have heard the arguments of both the sides on those substantial questions which read as under :

“(A) Has not lower Court misdirected itself in not applying proper test of proof of execution of will required by Section 63 of Indian Succession Act and Section 68 of Indian Evidence Act ?

(B) Has not lower court committed gra