R. N. MISRA, J.

( 1 ) THE appellants applied for revocation of grant of probate at the instance of the respondents in Original Suit No. 1 of 1968, by the learned District Judge Balasore, on 22-8-1908, That application made on 9-12-68 was registered as Miscellaneous case No. 32 of 68 and though made under Order 9, Rule 13 of the Code of Civil procedure, was treated as one under Section 203 of the Indian Succession Act. As the learned District Judge declined to revoke the probate, the appellants have come up in appeal to this Court.

( 2 ) ONE Juihesti Panda was alleged to have executed an unregistered will dated 173-1967 and died on 2-11-1967. The testator had 6. 69 acres of land. In terms of the testamentary disposition, the following three institutions were to benefit;- (1) Banitiya Middle English School through its Secretary Haribandhu mahalla; (2) Sri Ghateswar Mahadev through Marfatdar Gadadhar Dixit; and (3) Sri Ganes Jew Thakur of Banitiya through Marfatdars:-- (a) Harihar Panigrahi, (b) Mahendra Panda, (c) Gadadhar Dixit. On 22-12-1967, an application under Section 276 of the Indian Succession Act for probate of the aforesaid will was filed by Haribandhu Mahalla and Gadadha