P. D. DESAI, J. :- This Letters Patent Appeal is directed against the decision rendered on August 16, 1979 in First Appeal No.514 of 1975 by M.K. Shah. J. The appeal before M.K. Shah, J. was under Sec.299 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') and it was directed against the decision dated Dec. 30, 1974 rendered by the Second Joint Civil Judge. Senior Division, Nadiad, in Miscellaneous Application No.7 of 1970 purported to have been made under Sec.276 of the Act, whereunder probate of the will dated April 13, 1961 executed by one Dahyabhai Nanabhai Patel, who died on October 21/22, 1967, was granted to the respondent. M.K. Shah, J. dismissed the appeal and hence the present Letters Patent Appeal.

2. On Jan. 29, 1970, the respondent made the application giving rise to this appeal in the Court of the District Judge, Kaira, stating, inter alia, that the document annexed to the application was the last will and testament of Dahbhai Nanabhai Patel and that the respondent was the executor named in the said will. The respondent prayed that the probate of the will might be granted to him in the interest of justice. The appellants were shown as opp