- (1.) These are two appeals from a judgment and order passed by Hon'ble Mr. Justice-Sunil Ambwani on the 25th November, 2005 in a will case.
(2.) One set of appellants being Smt. Deo Raji Devi and others, whom we shall call hereafter the appellants applied for Letters of Administration with will annexed in respect of the assets and estate of one Ram Deo Singh deceased. The alleged will set up was dated 1.6.1995 allegedly registered by Ram Deo on 3.6.1995. The second appeal is preferred by Arun Kumar and others, whom we shall call hereafter the cross-appellants. The cross appellants were caveators in the Court below. They set up another alleged will of Ram Deo dated 2.6.1995 although they had not themselves applied either for Letters of Administration or for probate. Ram Deo died on 3.6.1995; it is on record that he was a diabetic with gangrene in his toe and he was in delirium.
(3.) The Single Judge has opined that in his opinion Ram Deo was not in a fit disposing state of mind either on the 1st June, 1995 or on the 2nd June, 1995.;