Misra, J. – 1. Correctness of the judgment rendered in the Misc. Appeal No. 146/94, preferred under Section 299 of the Indian Succession Act. 1925 (hereinafter referred to as 'the Act'), whereby the learned single Judge of this Court has affirmed the orders passed by the IVth Additional District Judge Jabalpur in Misc. Judicial Case No. 70/87 and Misc. Judicial Case No. 86/87, is called in question in this Letters Patent Appeal.

2. The respondents No. 1 and 2 filed an application under Section 276 of the Act for grant of probate in respect of the properties of one Mrs. Mavis Ada Lynch, on the ground that she had executed a Will on 18.6.83 in their favour bequeathing of her movable and' immovable properties. It was averred in the said application that the will was written in her own hand and she had executed it. The present appellant, the caveator, did not file any formal objection to resist the application but filed an application forming the subject-matter of Misc. Judicial Case No. 86/86 for grant of probate on the basis of subsequent will executed by Mrs. Lynch. In the said application the present appellant claimed that Mrs. Lynch had executed a will dated 15.8.87 in his