JUDGMENT :

Some interesting questions have come up for consideration as to whether it is necessary to prove a Will or a testament as against a stranger, who is not litigating under the testator, whether it is necessary to prove a Will or testament as mandated under Section 68 of the Evidence Act, when its execution is admitted or not specifically disputed, whether Section 58 of the Evidence Act is applicable in the matter of proof of such documents, whether the court can exercise its discretion under the proviso attached to that section so as to require the party to prove its execution inspite of admission and under what circumstance it can be exercised, who are the persons entitled to challenge the validity and execution of a testament or a Will and what actually amounts to “a person interested to deny” for the said purpose, besides the other issues pertaining to the dispute involved. It is a suit for a permanent prohibitory injunction and a mandatory injunction, wherein a counter claim was also raised by the defendants for declaration of title by adverse possession and limitation. The trial court dismissed the suit and decreed the counter claim, against which an appeal was preferr