- (1.) Heard Shri Rahul Sahai, learned Counsel for appellant. Despite written notice dated 17.4.2014 to Shri Rahul Chaturvedi, Advocate, he has not appeared on behalf of respondents. The said notice is taken on record. For the sake of convenience, parties shall be referred as they were described before the Trial Court i.e., as plaintiff/defendants, unless specified otherwise.
(2.) This second appeal has been preferred by defendant challenging the judgment and decree of the Appellate Court, whereby suit for declaration and injunction filed by plaintiffs has been decreed.
(3.) The hearing of the appeal was confined to the following substantial questions of law: 1. Whether the Appellate Court was justified in ignoring the registered will dated 7.12.1989 in fa our of the appellant and in believing the alleged unregistered Will dated 19.12.1990 in favour of plaintiff-respondent, though, its execution is surrounded by suspicious circumstance, as found by the Trial Court? 2. Whether the account being in the name of "Either or Survivor", the appellant being the "Survivor", was alone entitled to operate the same and to the proceeds thereof?;