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1977 Supreme(All) 399

GOPINATH
Pitmo – Appellant
Versus
Shyam Singh – Respondent


Advocates:
Krishna Behari Lal Gaur, for Applicant; Gyanendra Nath Verma, for Opposite Party.

ORDER :- This is a defendant s revision against the order of the II Additional District Judge, Meerut dated 24-9-1974 allowing an appeal arising out of proceedings for the grant of succession certificate and granting a succession certificate in favour of the plaintiff opposite party. The plaintiff opposite party applied for the grant of succession certificate on the basis of a will alleged to have been executed by one Smt. Jai Dei on 11-3-1972 in his favour. Objections were filed to the application by the defendant on various grounds including one that the will was not genuine. The trial court rejected the application for the grant of succession certificate on the ground that the will was not proved to be the duly executed will of Smt. Jai Dei. On appeal the lower appellate court reversed that finding and held that the plaintiff had successfully proved that Smt. Jai Dei had executed the will in question in the plaintiff s favour. The appeal was accordingly allowed and the certificate was granted in favour of the plaintiff.

2. Aggrieved the defendant has come up in revision. The only question raised by Sri K. B. L. Gour learned counsel for the defendant applicant was that no successi















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