( 1 ) THIS revision petition has cropped up from the following facts : Seth Mathra Pershad, who was defendent in this case, died during the pendency of the suit instituted by Radhey Lal petitioner. The plaintiff Radhey Lal, it may be mentioned, is the son of Mathra Pershad defendant. On the death of Mathra Pershad; Radhey Lal plaintiff applied for bringing his legal representatives on the record. Mohini Devi, widow of the deceased, in reply to the application stated that she was the only heir of Mathra Pershad as the latter had executed a will on 3rd September, 1959, in her favour by virtue of which she was the only heir of the deceased. Radhey Lal resisted that application and also the allegations made therein averring that Mathra Parshad never made any will on 3rd September, 1959. The alleged will was a forgery as Mathra Parshad, long before the execution of the will, was not of a sound and disposing mind and had a serious attack of paralysis. He was, therefore, physically incapable of signing any document. It was also stated that Ladli Parshad defendant No. 2, who was the son of Mathra Parshad, was the mukhtar-i-am of his father and was controlling the property. T