Hon’ble Amitava Lala, J.—An order of Probate Court, Jalaun, granting probate on 4th March, 2008, appointing an Administrator except a shop in question being subject matter of the pending suit of the appellant i.e. Suit No. 256 of 1990, is under challenge herein.

2. Learned Counsel appearing for the appellant contended before this Court that the Probate Court has no right to decide the title of the property. The Probate Court is only convinced about grant the probate. The order impugned granting probate seems to be decision of the title amongst the contesting parties. In favour of his argument, he has cited several judgments, which are to be considered one after another.

3. In Ishwardeo Narain Singh v. Srimati Kamta Devi and others, 1953 A.L.J. 691 the Supreme Court held as follows :

“The dismissal of the application for probate on the ground that the disposition in favour of Thakurji is void for uncertainty can on no principle be supported and indeed learned Counsel appearing for the respondent has not sought to do so. The Court of Probate is only concerned with the question as to whether the document put forward as the last will and treatment of a deceased person was duly exe