Modi, J. —This is a special appeal against an order of a learned Single Judge of this court by which the appellants application for grant of probate was dismissed.

2. The material facts leading upto this appeal are these. One Maliram who is the alleged testator of the will Ex. P. 2 is said to have made it on the 11th October, 1944. The will was registered on the 11th January, 1945. Maliram died on the 5th November, 1946. The appellant before us is one of his two sons Kedar Nath, and the respondent Sitaram is the other son. Kedar Nath filed an application for probate in the court of the District judge, Jaipur, on the 28th April 1952. Sitaram resisted this application. His case was that his father Maliram had not executed any will at all and further that at the time he is alleged to have executed the will, he was so ill that he had no sound disposing mind. He also objected that the testator had no right to make a will in respect of the property in question; but with that aspect of the case, we are not concerned so far as these probate proceedings go. The only issue which was framed by the trial court on the aforesaid pleadings was whether the deceased executed a valid will in favour o

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