SHACHEENDRA DWIVEDI, J.

( 1 ) THIS Letters Patent Appeal, which is an intra Court appeal, has been preferred by the appellant, who was an applicant before the probate Court and had applied for the grant of probate of the will dated 25-12-1996 Ex. P/1, which was refused by probate Court, dismissing his application.

( 2 ) THE appeal preferred by the appellant was also dismissed by the learned single Bench of this Court.

( 3 ) IT was stated by the appellant in his application, for probating the Will, that the Will annexed (although it was not annexed) with the application is the last Will and testament of Smt. Mannu Bai Kelkar, which was duly executed by her in favour of the appellant in the presence of witnesses. One Ganpat Rao, the husband of respondent No. 1 and father of respondents 2 to 7, had objected to the grant.

( 4 ) THE application for the grant of probate was ultimately dismissed by the probate Court, i. e. IVth Additional Judge to the Court of District Judge, Gwalior, on the consideration of the oral and documentary evidence led by both the parties, by order dated 21-12-1988. Thereafter, an appeal was preferred against the order of the probate Court. The same was heard an

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