Vikramajit Sen, J.

1. These Appeals assail the composite Judgment dated 6.8.1996 of the learned Single Judge deciding Probate Case Nos. 24/1973 and 32/1978 refusing the prayer of the Petitioners to grant probate of the propounded Wills of Late Kundan Singh and Late Polo Singh respectively.

2. Probate Case No. 24/1973 was filed for grant of probate of Will of Late Kundan Singh and Probate Case No. 32/1978 was filed seeking probate of the Will of Late Polo Singh, who was the brother of Late Kundan Singh. The Petitioners in both the cases are common namely S/Shri Hari Singh, Pritam Singh and Amar Singh, however, in Appeal only S/Shri Hari Singh and Pritam Singh are before us as Shri Amar Singh had died on 4.7.1995. An application under Order XXII Rule 2 of the Code of Civil Procedure, 1908 (CPC for short) was moved by the surviving Petitioners which was allowed without any opposition from the other side.

3. Objections were filed in Probate Case No. 24/1973 by the daughter of Late Kundan Singh, namely, Smt. Gurbax Kaur and in Probate Case No. 32/1978 by widow of Late Polo Singh and their daughter Smt. Gurinder Kaur.

4. We shall deal with both the Appeals separately to avoid overlapping an