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1972 Supreme(Pat) 22

SHIVESHWAR PRASAD SINHA, SHAMBHU PRASAD SINGH
Dulhin Ful Kueri – Appellant
Versus
Moti Jharo Kuer – Respondent


Judgment

Shambhu Prasad Singh, J.

1. This appeal by the objectors is directed against an order granting letters of Administration of a registered will dated 27th of September. 1948 of Rai Kumar Dubey. After an application for probate of the said will was made by the respondent, the appellants entered appearance and filed a petition objecting to the said prayer. The application for probate was, thereafter, converted into a title suit. On the date, however, it was taken up for hearing, the appellants did not appear to contest the suit and the matter was taken up ex parte. One witness, Siujag Tewari, was examined on behalf of the respondent. By mistake his evidence has not been included in the paper book. The evidence included in the paper book is of a witness who was examined for the respondent at the valuation stage. Siujag Tewari has stated in his evidence that Rambeyas Choubey scribed the will according to the instruction of Raj Kumar Dubey, the testator. The contents of the will were read out and explained to the testator in presence of the witnesses and the testator put his pen mark on the will by way of execution and the scribe signed for him at his request, in presence of this









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