Sunil Ambwani, J. - (1.) SMT . Lalti Devi wife of Rajendra Pratap Singh, the plaintiff filed an application for grant of Letters of Administration of the estate and credits of her father in law, late Ambika Prasad Singh (the, deceased) with will dated 11.9.2000 attached, alleged to be duly executed by him by affixing his thumb -impression, attested by Aditya Narain Misra and Heera Lal, in respect of his agricultural land, Arazi No. 514 area 1.49 acres at village Haiderpur, Pargana Mungra, Tehsil Machli Sahar, District Jaunpur. The citation was published in daily newspaper 'Amrit Prabhat' on 30.11.2001. Since no one filed objections, this Court treated the testamentary case No. 14 of 2001 as non -contentious and directed Letters of Administration to be issued to the applicant.
(2.) SHRI Surendra Pratap Singh and Shri Mahendra Pratap Singh both sons of the deceased filed recall/restoration application on 20.2.2002. The application was allowed on 14.8.2002 and the order granting Letters of Administration was recalled subject to payment of Rs. 2,000/ - as costs, which was paid and the testamentary case was converted into suit. The written statement was filed, and on 18.4.2003 the following issues were framed: - - 1. Whether the deceased Ambika Prasad Singh executed the Will dated 11.9.2000 in a sound and disposing mind and without any fear? 2. Whether the Will dated 11.9.2000 is a forged and fabricated documents? Whether late Ambika Prasad Singh was unable to sign and he has affixed his thumb -impression in presence of marginal witnesses?
(3.) WHETHER the applicant is entitled to Letters of Administration on the basis of Will dated 11.9.2000?;