B.P. Katakey, J.

1. By this Miscellaneous First Appeal, the Appellant has challenged the judgment dated 20.121995 passed by the learned Additional District Judge, Nagaon in Title Suit (P) No. 26 of 1992 dismissing the suit filed by the Appellant praying for grant of probate of a will executed by Maheswari Debi, wife Late Golok Ch. Barthakur.

2. The facts leading to the filing of the present appeal is that the Appellant as Plaintiff filed an application in the Court of the learned District Judge, Nagaon, Assam, which was initially registered as Misc. (Probate) 60 of 1992, for grant of probate of the Will of Maheswari Debi, wife of Late Golok Chandra Barthakur, stating inter alia, that Late Maheswari Debi during her life time executed her last Will in presence of the witnesses on 2.1.1988 bequeathing the property belongs to her. The sad proceeding was contested by the present Respondent, namely, Atul Barthakur, who is the close relative of Late Maheswari Debi, the testatrix, by disputing the execution of the Will by Maheswari Debi and by stating, inter alia, that the properties involved in the alleged Will originally belonged to Maheswar Sharma Barthakur who, in the year 1938 b