( 1 ) THIS is an appeal from an order of a District Judge granting probate of a will purported to have been executed on 17-11-1936 by one Deo Saran Rai in the presence of four attesting witnesses including Sri Ram Vishal Misra, Jang Bahadur Rai and Raghuraj Singh. The grant of probate was opposed by the appellants on several grounds all of which were reject-ed by the learned district Judge.

( 2 ) IN this appeal only one ground was pressed before me and it is that the application for probate by the respondents was not verified by at least one of the attesting witnesses of the will as required under S- 281 of the Succession Act. Sri Ram Vishal Misra was actually examined in court and Raghuraj Singh and Jang Bahadur Rai apparently were alive when the petition was filed (they had been summoned as witnesses by one of the parties in this case), but not one of the witnesses verified the petition and there is no explanation in the petition itself for the non-verification. So it was contended that the application should have been dismissed for non-compliance with the provision of. Section 281 of the Succession Act.

( 3 ) VERIFICATION of a petition required under Section 281