Heard learned counsel for the appellant and learned counsel for the respondent.

2. In the present appeal the appellant is challenging the judgment and order dated 8.1.2013 passed by the Additional District Judge I, Chapra in Probate Case No.38 of 2007 by which the court below has refused to grant probate in favour of the appellant.

3. In the present appeal the testator, late Jagdish Singh, has executed a Will in favour of the appellant on 13.11.2003. Claim has been made that the appellant and her husband looking after Jagdish Singh and he out of love and affection looking to the service rendered to him executed the Will and in terms of the Will the right of Jagdish Singh will be deemed to have been transferred in favour of the legatee, Bimla Devi. At the time of execution of the Will Sudama Pandit and Ashok Singh were the attesting witnesses. The Will was scribed by Shiv Dayal Prasad and the testator, namely, Jagdish Singh, died on 10.6.2004. The appellant filed a probate case which was registered as Probate Case No.38 of 2007.

4. When the recitals were published, Uma Devi, has filed a caveat and objection, there the plea was taken that Uma Devi is daughter of late Jagdish S