Prashant Kumar, J.

This appeal under Section 299 of Indian Succession Act, 1925 is directed against the judgment dated 1.10.1992 passed in Probate Case No. 52 of 1991 by Judicial Commissioner, Ranchi whereby he granted probate in favour of original respondent no. 1.

2. It appears that original respondent no. 1 filed an application for grant of probate with reference to a will dated 3.9.1990 executed by Rose line Tigga (wife of appellant). It is stated that Rose line Tigga was the daughter of original respondent no. 1 and was married to appellant. It is further stated that Rose line Tigga died on 16.12.1990 in suspicious condition at Tara Nursing Home, Saraidhela, Dhanbad. It is then stated that the said Rose line Tigga executed her last Will on 3.9.1990 in favour of her father in respect of her all movable and immovable property. It is further stated that said Will was executed by her in presence of witnesses Sukhdeo Oraon, Ash Kumar Singh and Anandani Tigga. It is further stated that original respondent no. 1 is the executor of the Will hence he is entitled for probate. It is further stated that appellant filed an application for grant of succession certificate in respect