1. This petition is filed against the order passed by Shri Rajendra Mahajan, Additional District Judge Gwalior in Civil Suit No. 16-N03. This order is passed by him and he has signed the order as Special Judge (Atrocities) Gwalior, but he has not mentioned his specific post as Additional District Judge. He has not kept in mind that he is deciding a civil case and not the special case.

2. By this order preliminary issue No.6 has been decided wherein it is held that Datar Singh Yadav has executed a Will at Bhopal on 28.3.1998 in favour of plaintiff and he has further pleaded that a forged Will has been prepared by defendants No.1 to 3. Objection was raised that said Will cannot be examined in the Court unless probate has been obtained. Court while deciding the application has held that only probate Court has right to adjudicate the validity of the Will relying upon the judgment in the case of Chiranjilal Shrilal Goenka (deceased) through LRs. v. Jasjit Singh and others [(1993) 2 SCC 507]. Contrary view has been taken in two judgments that the validity of Will can only be examined in a probate proceedings. Previous judgments of this Court were not considered by the two Single Benc