Wanchoo, C. J.—This is an appeal by Shrimati Umrao. widow of Balabux, and Shrimati Naraini, daughter of Badri Narain alias Badri Bux, against the order of the District Judge, Jaipur City granting probate of a will said to have been executed by one Ram. Bhandra to Baxi Gopal Bux.

2. The case put forward by Baxi Gopal Bux was that the deceased Ramchandra executed a will on the 9th of March. 1946 and registered it on the 11th of April, 1946 Ramchandra died in January, 1947, and thereafter the present application was made by Baxi Gopal Bux, who was the executor of the will for probate.

3. The application was opposed by the appellants. It was denied by them that any will had been executed by Ramchandra. In the alternative it was said Ramchandra was a very old man and had not a disposing state of mind and had been for a long time before his death, and his mental condition was not sound. In effect the appellants put the respondent Baxi Gopal Bux to the proof of the will.

4. Tow issues were framed by the court below on these pleadings, which are as follows:.

(1) whether a will was executed by Ramchandra on 9-3-46?

(2) whether Ramchandra was in a fit mental condition?

Both the issues were tried t

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