A. K. Yog, J.—Above First Appeal From Order under Section 299 of the Indian Succession Act, 1925 (called ‘the Act’), filed by Smt. Bimla Gaindhar is against the judgment and order dated March 12th, 1996 passed by IIIrd Additional District Judge, Saharanpur, deciding issue No. 3 ; viz., (whether a ‘Hindu’ is required to obtain a probate in the State of U. P. in case of a ‘Will’ in his favour?)

2. Smt. Bimla Gaindhar (appellant before us) had filed a petition under Section 276 of the Act for grant of probate on the basis of purported Will, an unregistered document (paper No. 10A1 on original record).

3. We are omitting to give other details as the same is not required for the purpose of deciding the issue in hand and for disposal of the present first appeal from order.

4. According to the impugned judgment and order dated March 12, 1996, learned Additional District Judge came to the conclusion, relying upon two single Judge reported decisions by the Bench of learned single Judge, Bhaiya Ji v. Jageshwar Dayal Bajpai, AIR 1978 All 268 and Smt. Pitamo v. Shyam Singh, AIR 1978 All 301, that no probate was required in the facts of the instant case and consequently held that th