B.D.Singh, J.

1. This appeal & directed against the judgment and decree passed by the Judicial Commissioner of Chotanagpur, Ranchi, refusing to grant probate to the appellant, on his application dated the 31st July. 1963, under Sec.276 of the Indian Succession Act, 1922 in respect of the will executed on the 28th July, 1956, by Mukhlal Sao, one of the sons of Fulchand Sao, in favour of the appellant.

2. In order to appreciate the point which has been urged on behalf of the contesting respondent (respondent No. 4), it will be convenient to note below the genealogical table of the family of the appellant and the respondent: (See genealogical table on next page) According to the appellant, Mukhlal Sao, after duly executing the said will, died on the 24th October, 1956, at his residence at Upper Bazar. Ranchi, leaving behind respondents Nos. 1. 2, 3, 4 and 5 as his other near relations, and in the said will, Mukhlal had bequeathed his entire property in favour of the appellant. On behalf of Baijnath Sao (respondent No. 4) who is the main contestant caveat and written statement against the grant of probate of the will were filed in the Court below. It was stated, inter alia, the