Mir Alfaz Ali, J.

1. This appeal is directed against the judgment and order dated 15.06.2010 passed by the learned District Judge, Jorhat in Probate Title Suit No. 4/2008, refusing to grant probate in favour of the appellant. The present appellant as plaintiff filed an application under Section 276 of the Indian Succession Act, for granting probate in respect of a WILL made by her father late Syed Badiuz Zaman, who died on 19.8.2006. The case of the petitioner was that her father late Syed Badiuz Zaman executed a registered WILL in favour of the petitioner on 08.05.2003, in respect of the property described in the schedule of the petition as well as the said WILL. The respondent being the sister of the petitioner, resisted the petition by filing a written objection stating inter-alia that her father, the alleged testator was suffering from mental ailments for about 30 years before his death and he was not mentally fit to execute any WILL. It has also been contended that the testator never intended to make such WILL and the alleged WILL was prepared forcibly without the knowledge of the opposite party, taking advantage of the fact, that at the relevant time the testator was