1. This is a second appeal of the plaintiffs who had filed a suit against the respondents in the court of the Subordinate Judge, Balotra (Jodhpur). The appellants had claimed that they were the nearest relatives of Birdi Chand and entitled to succeed to his property of which, they alleged, the respondents had taken wrongful possession. The defendants in their written statement alleged that the plaintiffs were not entitled to succeed to the property in dispute and that they were rightfully in possession of the same under a will of the deceased Birdi Chand. Both the lower courts have dismissed the plaintiffs suit and the plaintiffs have now come up in second appeal to this Court.

2. The counsel for the appellants tried to raise the objection that it was not proved that the will had been properly executed inasmuch as Birdi Chand was not proved to have been in full possession of his senses at the time of making the will. As no such objection had been taken either in the written statement or in the memorandum of first appeal, this objection was not allowed to be raised because it rested on a question of fact.

3. The learned counsel for the appellants further argued that the courts below h

Click Here to Read the rest of this document