1. Heard learned counsel for the appellant and learned counsel for the respondents.

2. The present appeal has been filed under S.299 of the Indian Succession Act,1925. Against the order dated 27.01.2020 by Learned District Judge Madhubani in Probate Case No. 10 of 2018 in which the probate case has been dismissed on the ground of error of records.

3. The brief fact of the case is that the will dated 31.10.2003 executed by the testator Nageshwar Choudhary in which the immovable property the land as 4 kattha 15 dhur situated at Tengari, Khata No.80 khesra No.77 jamabandi No. 156 corresponding to 92 Kurson District Madhubani is in favour of the appellant No. 1 the daughter in law of the testator and movable property viz ornament and jewelries to his next son Raj Mohan Choudhary. The said will was the last will of the testator and it was executed by the testator in his full senses and consciousness before the witnesses without any coercion or compulsion. The appellants said that the testator had appointed respondent No. 4 as executor of the will but the executor did not take any step for probate of the will or issuance of letter of administration due to paucity of time and made the appellants suffer and then finally he renounced the executor - ship on 24.01.2018 handed over the original will to the appellant No. 1 for getting the Probate of the will. Earlier the appellant No. 1 had filed the petition but latter on the appellants No. 2 and 3 also joined the petition for probate by adding themselves as beneficiary.

4. In the present Probate Case the petitioners / appellants have examined four witnesses in which AW - 1 In support of the Probate case the Appellant filed Ext.1 will dated 31.10.2003 and Ext. 2 the death certificate of the deceased testator.

5. Learned Counsel for the appellant submitted that the impugned judgment is not sustainable in the eye of law or on facts. Learned trial Court has not applied its judicial mind and erroneously passed the judgment. He further submitted that after filing of aforesaid Probate case the respondent Nos. 2, 3 and 5 herein appeared and filed their written statement admitting the execution of will in favour of present appellants and also admitting the fact that it was the last will of the deceased testator which was executed in sound state of physical and mental health and without any pressure, coercion or influence. He further submitted that they have no objection if probate / Letters of administration be granted in favour of present appellants.
5.i. He further submitted that the will dated 3.10.2003 describes the land as 4 kattha 15 dhur situated at Tengari, khata No. 80 khesra No. 77 jamabandi No. 156 corresponding to 92 Kurson District Madhubani which is the subject land of the application for the probate. The details are sufficient to describe and identify the land and also specifies that the said land is within territorial jurisdiction of the learned Trial Court. The death certificate also specifies that the death has taken place in village Kurson district Madhubani which falls within the territorial jurisdiction of the learned Trial Court.
5.ii. He further submitted that Learned Trial Court had wrongly held that the will does not have description of the land and had no jurisdiction which is apparently wrong and an error of record as it is clear from the detailed description of the land falling within Madhubani. Learned Trial Court dismissed the case and stated that the testator had not executed the will in his sound and disposing state of mind which is completely error of record as all the witness attesting witnesses have clearly stated that the Testator was in sound physical and mental health while executing the Will. The learned Trial Court also recorded its doubt on place of death of the testator and presence of testator in the village of Madhubani on 10.03.2003 which is against the evidence adduced including the Death Certificate.
5.iii. He further submitted that the case was not c