VALMIKI J. MEHTA, J.

1. This first appeal under Section 299 of the India Succession Act, 1925 is filed challenging the impugned judgment dated 28.10.2006 dismissing the probate petition filed by the present appellant.

2. The facts of the case are that the appellant filed the subject petition for grant of probate of the Will dated 17.8.1999 of Sh. Amar Singh in his favour. The appellant/petitioner is the grand-son of Sh. Amar Singh who expired on 6.12.2000. Late Sh. Amar Singh is said to have left behind his Will dated 17.8.1999 and which was duly registered in the office of the Sub-Registrar, Seelampur, Delhi vide document no. 24491 in Additional Book No. 3, Volume No. 2504 on pages 97 to 98. Objections to the probate petition were filed on behalf of respondent nos. 2 to 4 to the petition, and who are also the respondent nos. 2 to 4 in the appeal.

3. The probate court framed the sole issue as regards the due execution of the Will dated 17.8.1999. Appellant/petitioner examined two witnesses being himself as also one attesting witness Sh. Pawan Kumar as PW-2. Respondents however led no evidence.

4. The court below has dismissed the probate petition on the technical ground that