I.A. Ansari, J.

1. This is an appeal against the order, dated 30.11.2002, passed by the learned Additional District Judge, Nagaon, in Title Suit No. 9(N) of 1997, allowing the Respondent’s application for probate.

2. I have heard Mr. S.K. Barkataki, learned Counsel for the Appellants and Mr. N. Choudhury, learned Counsel, appearing on behalf of the Respondent.

3. The material facts, giving rise to the appeal, may, in brief, be set out as under:

The Respondent herein made an application, under Section 266 of the Indian Succession Act, 1925, seeking probate in respect of a Will, which, according to the applicant-Respondent, was the last Will and testament of his grand-father, Deosaran Ram, leaving behind the applicant-Respondent and some others as his heirs and successors, the applicant-Respondent 's case being, in brief, thus: The writing, annexed to the application for probate, is the last Will and testament of Deosaran Ram, who died, on 16.5.1984, at Behca, District Bhojpur, in the State of Bihar, Lumding, in the district of Nagaon, Assam, being his permanent place of abode at the time of his death. The Will, so executed, was duly attested by witnesses, the applicant-Respondent h