JUDGMENT

D. DASH, J. - The appellant’s petition under Section 276 of the Indian Succession Act, 1925 having been dismissed by the learned Civil Judge (Sr. Divn.), Khurda, the present appeal has been preferred.

2. Facts necessary for the purpose of this appeal are as under :

The appellant being armed with a will said to have been executed by testatrix Dinamani Mohapatra who is the father’s sister of the appellant filed an application on her death for grant of a probate with the copy of the said will annexed to it. It is stated that Dinamani Mohapatra was being taken care of by this appellant for a long period and she was staying with him. Therefore, on 07.10.1995 she executed her last will bequeathing all her properties both moveable or immovable in favour of the appellant. It is further stated that the will was written under the instruction of Dinamani Mohapatra and she had voluntarily executed the same in presence of the attesting witnesses namely, Mina Mohapatra P.W.2 and Santosh Pradhan (not examined). It is the further case of the appellant that prior to the execution of the will by the testatrix after the will was written, its contents were readover and explained to her, when th