(Dev Darshan Sud, J.) (Oral) - This appeal was argued on 22.9.1998 and judgment was reserved. The matter was listed in Court again today for clarifications from the counsel for the reason that the judgment passed by the learned District Judge has not determined the questions of fact raised before it by assigning cogent reasons. For this purpose, the matter was again listed for rehearing.

2.The appeal is not being disposed of on merits, but some facts are being noticed. The respondent, who was the plaintiff before the learned trial Court prayed for a decree of declaration for the suit land on the basis that a Will executed by the deceased in favour of the defendants No. 3 to 8 before the trial Court is illegal, null and void. The learned trial Court, on a detailed consideration of the evidence, dismissed the suit holding the will to be genuine and proper. In appeal, the learned District Judge set side the Will Ex.DW-2/A as being a document having been executing under suspicious circumstances and declared the Will to be null and void. Although the learned District Judge does not consider evidence of the witnesses, but when discussing/returning his findings on the point