Khatim Reza, J. – Heard learned counsel for the appellants and learned counsel for the respondents.

2. This appeal has been filed against the judgment and order dated 28.09.1977 passed by the Additional District Judge-Vth, Patna in Title Suit No. 17 of 1976/01 of 1976 arising out of Probate Case No. 160 of 1972 whereby the learned lower court has dismissed the probate as not maintainable.

3. The appellant has filed an application for grant of probate of Will executed in favour of the appellant. The case of the appellant, is that, Ajodhya Rai executed a Will in favour of the original appellant-(plaintiff) and his two brothers on 18.06.1967. It is further contended that at the time of executing a Will he was in state of sound mind and he possessed of full disposing capacity. The contents of the Will were read over and explained to him and he fully understood the same and thereafter, voluntarily with his free consent executed the Will. It is further contended that it was duly attested. The applicant-appellant filed Probate Case No. 160 of 1972 for grant of probate of Will. After objection being filed by opposite party-respondent nos. 1 to 4, the said probate case was converted into Titl