Through the currency of this petition, the petitioners seek the reversal of the order dated 9-2-2002 formulated by the learned District Judge, Jammu on an application of the objectors, herein petitioners in Probate Petition commenced by respondent M.M. Khajuria under section 62 of the Probate and Administration Act.

2. It appears that a petition to probate the will dated 24-3-1993, alleged to have been executed by one O.P. Khajuria in bequeathing `Daya Bhawan located in Gandhi Nagar, Jammu came to be commenced by M.M. Khajuria, claiming to be the beneficiary under the Will. During the course of the proceedings in the Probate Petition an application came to be preferred by the objectors, herein petitioners in stating that a civil suit filed to challenge the will stated to have been executed by O.P. Khajuria pending in the Court of 2nd Addl. District Judge, Jammu in assailing the competency of the testator to execute the will and that the present proceeding, under section 62 of the Probate & Administration Act cannot continue simultaneously and be kept in obeyance till the determination of the suit, It was further contended by the objectors that the matter in controversy both in the Probate proceedings and the civil Suit is identical and pertain to the execution of the alleged will.

The propounder of the Will Mr. M.M. Khajuria in contraverting the contention of the objectors for stay of the Probate proceedings submitted that scope of the proceedings for the grant of Probate in respect of a Will is to decide whether the will has been duly executed and attested as required under law. Once the will is probated it dispense with the proof of the execution of the will for all times to come and is a Judgement in rem. It is also submitted that the question relating to the property, if any, bequeathed or the competency of the testator to bequeath the property by executing a will, cannot be looked into in the Probate Proceedings. The propounder also denied to have any knowledge of the commencement of the Civil suit by the objectors in assailing the competency of O.P. Khajuria, testator in executing the will regarding the property specified therein. Lastly, it is submitted that the probate proceedings cannot be stayed solely on the objectors filling an application in stating that a Civil Suit is pending in which the competency of the testator to bequeath the property by executing the will is questioned.

4. Learned District Judge, Jammu after hearing the parties and considering the rival contentions dismissed the application of the objectors in holding the scope of the court in Probate Proceedings is limited with regard to the probating of a will land does not require to go into the question of competency of the testator to execute the will and bequeath the property.

5. Aggrieved by the impugned order drawn by the District Judge, the objectors commenced its correctness before me in this petition.

6. Heard the learned counsel appearing on behalf of the respective parties and gone through the record meticulously.

7. The main thrust of the petitioners argument is that any finding returned by the Court in probate proceedings will operate as res-judicata in Civil Suit in which the competency of the testator to execute the will and bequeath the property has been challenged. It is significant to point out that the grant of Probate or Letter of Administration is decisive of the will propounded and not the title etc of the testator to the property, As the issue relating to the title, ownership etc are not to be gone into in such proceedings, it follows that even a favorable decision in favour of the petitioners granting probate or letters of administration in his favour does not operate as resjudicata in any future suit, which an objector is at liberty to bring seeking declaration of his right, title interest etc in the property.

8. A person who propounds the will or produces the will before the Court and wants the Court to rely upon the same has to prove

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