Sandeep Sharma, J.

The instant appeal has been preferred against the judgment and decree dated 21.1.2006, passed by learned District Judge, Shimla, affirming the judgment and decree dated 3.9.2005 passed by learned Civil Judge (Senior Division) Chopal, District Shimla in Civil Suit No.45-1/1 of 2004, dismissing the suit of the plaintiffs. Propounder.

2. The present appeal was admitted on the following substantial question of law:-

“Whether the two Courts below have fallen in error in holding that the Will set up by the appellants is not genuine, only for the reason that the same purports to be thumb impressed by the testatrix whereas she used to authenticate the papers by signing?”

3. Sole question for consideration of this Court by way of present appeal is that whether the findings returned by both the Courts below to the effect that Will Ex.PW5/A dated 12.1.2004 (in short “Will”) made in favour of the plaintiffs by the testatrix namely Smt. Pushpa Devi widow of Sh. Meena Ram has been rightly held to be surrounded by suspicious circumstances or not.

4. The plaintiffs-appellants (hereinafter referred to as “plaintiffs”) instituted a suit for declaration as well as for permane