Ajay Mohan Goel, J. - (1.) By way of this appeal, the appellant/defendant No. 1 has challenged the judgment and decree passed by the Court of learned Additional District Judge, Fast Track Court, Kangra at Dharamshala in Civil Appeal No. 53-J/05/04, dated 22.08.2006, vide which learned appellate Court dismissed the appeal filed by the present appellant against the findings returned by the learned Civil Judge (Junior Division), Jawali in Civil Suit No. 202/03/95, dated 09.12.2003, vide which learned trial Court while dismissing the suit so filed by the plaintiffs decided Issue No. 4, i.e. "whether 'Will' dated 30.08.1995 was legally and validly executed by Rattni Devi against the defendants.
(2.) This appeal was admitted on 29.12.2008 on the following substantial questions of law: "1. Whether both the Courts below have committed grave error of law in holding the Will dated 18.08.1995 void which otherwise is fully proved to have been executed by the testatrix in accordance with the provisions of Indian Succession Act and also has been proved as required by Section 63 of the Indian Evidence Act?2. Whether the learned Court below failed to appreciate true and correct principle of law enunciated in Section 63 of Indian Succession Act and Section 68 of Indian Evidence Act in order to give its judicious findings upon the validity of the Will dated 30.08.1995?
(3.) When this case was taken up for arguments, Mr. V.S. Rathore, learned counsel for respondents No. 1 and 2 submitted that before this Court enters upon adjudication on the substantial questions of law on which this appeal was admitted, this Court may first decide as to whether the appeal which was filed by the present appellant before the first appellate Court was in fact maintainable, as no decree was passed by the learned trial Court against the defendants and whether this appeal is also therefore maintainable?;