Sureshwar Thakur, J.

1. A dispute arose inter-se the parties at lis qua succession to the estate of deceased Beerbala. The predecessor-in-interest of the defendants/respondents herein, to espouse his claim to succeed to the estate of deceased Bir Bala propounded a will purportedly executed qua her estate by her in his favour. The factum of a valid and due execution of the testamentary disposition of deceased Beerbala qua her estate in favour of the predecessor-in-interest of defendants/respondents herein was vehemently contested by the plaintiff/petitioners herein. On the pleadings of the parties, the hereinafter apt and necessary issues were struck:-

“2. Whether deceased Smt. Bir Bala had executed a valid will in favour of deceased Sh. Kuldeep Chand, the predecessor in interest of defendants No. 1 to 6, as alleged? OPD 1 to 6. 3. If issue No.2 is proved in affirmative, whether the Will dated 24.1.1991 is a result of fraud, as alleged? OPP”

2. The defendants/respondents herein while discharging the onus as cast upon them qua apposite issue No.2 had, in consonance with the mandate of Section 63 of the Indian Succession Act enjoining them to prove the factum of valid and due ex