By reason of the impugned judgment, the judgment and order passed by the learned Single Judge was set aside.
An intra court appeal was preferred thereagainst.
Hence the execution of the alleged Will and Testament is emphatically denied and the petitioner be put to strict proof of it.
of Anand Bihar number bearing AMC No.
x 25 fit.
22 of 1992.
Anandi Devi died.
Moreover Shrimati Anandi Devi had numberright or title to execute any will and Testament of the proportion described in the annexed affidavit due to the reasons below That late Shri Ganeshi Lal Upadhyaya had three daughters namely Shrimati Kamla Devi, Shrimati Nihal Kanwar and Shrimati Kushal Kanwar and a wife Shrimati Anandi Devi and Shri Ganesh Lal Upadhyaya expired on July 3, 1973, at Jhansi UP .
104 of 1976, which was substituted by Section 4 of Act No.22 of 2002, which came into force with effect from.
He allegedly gifted a portion of the house known as Anand Vihar in favour of the appellant.
The said suit was dismissed by a judgment and order dated 29.08.1987 passed by the learned District Judge, Ajmer, opining that although Respondent No.1 had proved that the Will had duly been executed, the map annexed thereto was changed after execution of the Will and, thus, the propounded Will was tampered.
Moreover, Shrimati Anandi Devi had been mentally and physically handicapped and was number of sound disposing state of mind.
236 of 2006 B. SINHA, J Leave granted.
An application for grant of probate in respect of the said Will came to be filed by her in favour of Respondent No.1 herein.
He died on 03.07.1973 leaving behind his widow Smt.
Appellant entered into caveat in the said proceeding.
Anandi Devi and the parties hereto.
01.07.2002.
An application for review filed thereagainst was also dismissed.
The application for grant of probate was registered as Probate Case No.
Appellant herein raised the objections, inter alia, on the following grounds That Shrimati Anandi Devi Upadhyaya neither executued any Will and Testament dated 28th January, 1977, number was she physically and mentally fit to execute any Will and Testament as she had been suffering from Cancer since January, 1976 and had been companyfined to bed in a very critical and serious companydition since December, 1976 until her death.
That Shri Ganeshi Lal Upadhyaya gifted to Shrimati Kamla Devi a portion of open plot bearing area 34 ft.
Arising out of SLP Civil No.
She is said to have executed a Will on 28.01.1977 in favour of Respondent No.
1 herein.
31 of 1978 which was companyverted into a suit.
On 22.02.1977, Smt.
A First Appeal preferred thereagainst by Respondent No.1 was dismissed by a learned Single Judge of the High Court of Judicature at Rajasthan by a judgment and order dated 13.02.1992, holding that the execution of the Will was doubtful inasmuch as the map which was said to have been annexed therewith was number the same which was found to have been attached at the time of its registration.
Application of Section 100 A of the Code of Civil Procedure, 1908 for short, the Code is involved in this appeal which arises out of a judgment and order dated 19.09.2005 passed by a Division Bench of the High Court of Rajasthan, Jaipur Bench, Jaipur in D.B. Special Appeal No.
The father of Appellant indisputably was the owner of the property.
