1993 Supreme(Raj) 549
M.C.JAIN, R.S.VERMA
Rajmata Sushila Kumari – Appellant
Versus
M. S. A. Singh – Respondent
Advocates:
For the Appellants:Mr. K. Parasharan, Senior Advocate, New Delhi. Assisted by Mr. J. Savla, Advocate, Mr. A.K. Acharya, Advocate, Mr. D.R. Bhandari, Advocate.
For the Respondents:Mr. M.M. Singhvi, Advocate, Mr. Rajendra Mehta, Advocate, Mr. M.S. Singhvi, Advocate.
JUDGMENT
1. - This appeal has been filed against the order of the learned Single Judge dated November 13, 1987 by which he has granted the Probate in respect of the Will Ex. 1 dated May 15, 1984 executed by Maharana Bhagwat Singhji Mcwar. The facts of the case giving rise to this appeal may be summarised thus.
2. On April 10, 1985, the Executors (Respondents) of the Will Ex. 1 moved a petition under Section 273, Indian Succession Act, 1925 (hereinafter called 'the Act') read with Rule 750, Rules of the High Court of Judicature for Rajasthan, 1952 (hereinafter called 'the Rules') for the grant of probate of the said Will with the averments, in short, as follows : Late Maharana Bhagwat Singhji Mewar died on November 1, 1984 at Udaipur leaving behind the said Will. He deposited the same with the Bank of India, Palace, Udaipur in a scaled envelope with the instructions to deliver it to his younger son Maharaj Kumar Arvind Singh (Executor-petitioner-respondent No.1) after his death. It was received by him from the Bank on November 5, 1984. It was the last Will of Maharana Bhagwat Singhji Mewar. It was duly executed by him in presence of the attesting witnesses who appended their signatur
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