IMPORTANT POINT
The central legal point established in the judgment is the significance of complying with the formalities for the execution and attestation of Wills, as mandated by the Indian Succession Act. The court's decision reaffirmed the importance of fulfilling these legal requirements for granting probate.

JUDGMENT :

1. Heard Sri Rakesh Kr. Srivastava, learned counsel for the appellant and Sri Pradeep Kumar Shukla, learned counsel for respondent No.7. No one has appeared on behalf of the other respondents, despite service of notice.

2. The present appeal was filed against the order dated 22.5.2013 passed by Additional District Judge-I, Court No. 1, Faizabad in Misc. Non Related Case No. 17 of 2000.

3. The crux of the matter is that one Dr. Ram Nath Verma, after death of his wife Smt. Uma Shashi Verma, executed a trust deed dated 19.12.1995, creating a trust in the name of his wife viz. Smt. Uma Shashi Verma Memorial Charitable Trust, Faizabad. In the said trust deed, it was also mentioned that he would execute a Will for the administration regarding the trust. The above Dr. Ram Nath Verma died on 18.10.1999. Thereafter, an application u/s 276 of Indian Succession Act, 1925 was filed by the appellant-trust through its Chairman, Dr. Brijendra Kumar Saxena @ Basantji for grant of probate of Will dated 9.9.1999 claimed to be executed by Dr. Ram Nath Verma. That application was contested by respondents No. 2, 3, 4 and 5, who filed objections regarding the Will dated 9.9.1999. Therefore, that being a contentious case, the proceeding was continued u/s 295 of Indian Succession Act, in the form of regular suit in accordance with the provisions of the C.P.C. During that proceeding, respondent No.6, being the nephew of Dr. Ram Nath, also filed an application, mentioning therein that the Will dated 9.9.1999 was forged and the correct Will is already lying in the locker of Late Dr. Ram Nath Verma. Therefore, learned District Judge by order dated 9.8.2002 directed the bank to open the locker of Late Dr. Ram Nath Verma and produce the Will, lying therein. In pursuance of the order dated 9.8.2002, the Will dated 1.1.1996 was produced before the court. As the Will dated 1.1.1996 was not disputed by any of the parties, therefore, an amendment was made in the probate application, by the appellant and in place of Will dated 9.9.1999, the probate was sought regarding the Will dated 1.1.1996.

4. Except respondent No.1, no one filed any objection to the Will dated 1.1.1996. However, respondent No.2 filed an application (Paper No. 38-Ga) wherein though he did not dispute the Will dated 1.1.1996, he contended that the Will dated 9.9.1999, giving certain benefit to him, is subsequent to the Will dated 1.1.1996. Therefore, the probate of the Will dated 9.9.1999 should be granted. In support of his case, the appellant had produced three witnesses of the Will dated 1.1.1996, namely, Ram Kishore Jaiswal (PW-2), Khushi Ram Verma (PW-3) and R.K. Shukla (PW-4). One Indrasen, who was power of attorney holder of the Chairman of the appellant trust, was examined as PW-1 and Ram Ratan Verma, who was a family member of Late Dr. Ram Nath Verma was also produced as PW-5. None of the contesting parties have produced any witness in support of their respective Wills. After considering the evidence on record, the learned District Judge, by order dated 22.5.2013, rejected the probate petition of the appellant. Feeling aggrieved by the said order, the present appeal has been filed.

5. Contention of learned counsel for the appellant is that the court below rejected his probate application merely on the ground that there is minor contradiction in the statement of attesting witness Ram Kishore Jaiswal (one of the attesting witnesses) who initially filed the probate petition on behalf of appellant as his counsel. It is further submitted that other witnesses, namely, Khushi Ram Verma and R.K. Shukla, duly proved the Will dated 1.1.1996 as per Section 63 of the Indian Succession Act and Section 68 of the Evidence Act. It is also submitted that the Will dated 1.1.1996, being a hand written Will of Late Dr. Ram Nath Verma, which is termed as Holographic Will, has more evidentiary value if there is no dispute about the signature and writing of the executor. In the present case, none of t