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1962 Supreme(Pat) 69

N.L.UNTWALIA, V.RAMASWAMI
Magan Singh – Appellant
Versus
Deonandan Missir – Respondent


Judgment

1. It appears that the opposite parties instituted a probate case before the District Judge of Gaya, alleging that one Sukhlal Singh had died on the 14th November, 1953, leaving behind a will appointing the opposite parties as trustees and executors to manage the property dedicated to Radha Krishna Thakurji. The petitioner filed an objection to the effect that the will was forged and the probate case should be dismissed. Thereafter the probate case was converted into Title Suit No. 1 of 1958. The hearing of the case was taken up and the plaintiff adduced evidence and the defendant also adduced evidence and deposited Rs. 200.00 for the examination of an expert to examine the will. During the hearing of the case opposite party filed a petition to transpose opposite party No. 3 to the category of defendant on the ground that he was gained over. On the 30th June, 1960, opposite party No. 5 filed a compromise petition admitting that the will was forged and that the petitioner was the real owner of the properties in dispute. On the nth July, 1960, the case was taken up for hearing and for consideration of the compromise petition. The compromise was recorded on that date and the s






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