Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Original Will permitted to be placed on record - However there is no discussion in impugned order as to why original Will was permitted to be placed on record, when testator of Will was alive and impleaded as defendant No.1 in main civil suit - This demonstrate that trial Court passed..........
Will -- Due execution - Merely because testator was taken to bank a few days before executing Will in question, execution thereof cannot be called into question...........
Succession Act, 1925, Section 276 -- Probate - Right to apply for probate accrues on date of death of testator...........
Will -- Execution - Scribe of Will deposed that he did not know testator personally - Witness examined from office of registering authority only produced certified copy of Will and made a statement on basis of records without having any knowledge with regard to execution and registration of Will - Beneficiaries under Will have failed to prove Will in accordance with law -..........
Will -- Execution - Testator signed the Will whereas he used to append thumb impression - This assertion of defendant not disputed during his cross examination by plaintiff - Plaintiff did not produce any document containing signatures of testator except the so called Will - This casts a serious doubt regarding execution of Will...........
Will -- Execution - Wife of testator totally disinherited and left to fend for herself without there being any reason - It makes the Will highly suspicious...........
Will -- Suspicious circumstance - Claim of plaintiff of looking after testator - However, it has come on record that testator lived in a village which is 7-8 kilometers away from the village of plaintiff - It is a suspicious circumstance...........
Will -- Proof of - DW2 stated that he had written the Will on which testator had affixed his thumb impression - However, he is silent about signing of Will by attesting witnesses - Evidence of DW2 thus, can be read only to extent that he is scribe of Will...........
Will -- Proof of - Evidence of scribe of Will cannot be equated with that of attesting witness, particularly when he has not stated that Will was executed on dictations of testator and Will was ever read over to testator before he put his thumb impression...........
Will -- Proof of - Testator died within a month of execution of Will - None of witnesses has stated that testator was medically and mentally fit at the time of execution of Will - DW1 in whose favour Will was executed not stated that Will was ever signed by testator in his presence - Even it is the case of defendants themselves that DW1 was not keeping well - Thumb..........
