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1969 Supreme(Guj) 35

N.G.SHELAT, S.N.PATEL
Khachar Rana Laxman – Appellant
Versus
Dhadhal Hathiyabhai Mulubhai – Respondent


Advocates:
D.D. Vyas, for Appellants; P.M. Raval, for Respondents.

Judgement

SHELAT, J. :- The facts giving rise to this appeal, broadly stated, are that on 16-3-1959 the respondents had filed an application (Varsa Case) No. 30/58 in the Court of the Civil Judge (S. D.) Surendranagar for obtaining the Letters of Administration, with the Will annexed on the basis of a will dated 11-9-1935 executed by Bhura Punja Khachar who died at Sayla on 25-8-1958. The appellants before this Court who were opponents in that proceeding resisted the same. After hearing the parties, the Letters of Administration with the Will annexed were directed by the Court to be issued in favour of the respondents. After that decision was given, the appellants learnt from Mr. Kantilal N. Vora, an advocate of Muli, about deceased Khachar Bhura Punja having made his last Will on 17-11-1956, and the same was duly attested and registered. He also told them that he had written the same at his instance, and had that will with him. That led them to file Misc. Application No. 8/60 in the same Court, for having the grant of Letters of Administration with the Will of 1935 annexed to the respondents revoked or annulled under Section 263 of the Indian Succession Act, and for issuing a proba





















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