B.AMIT STHALEKAR,J. - (1.) Heard Sri M.A. Qadeer, learned Senior Counsel assisted by Sri Ashok Kumar Tripathi, learned counsel for the appellant. No one has appeared on behalf of the respondents and the matter is being taken up for hearing inasmuch as this Court vide order dated 15.07.2014 had directed that the case shall be heard ex parte.
(2.) This is the defendant's second appeal.
(3.) At the time of admission, this Court framed the following issue: 1. Whether the court below could decree the suit of the plaintiff ignoring the admission made by predecessor in interest of plaintiff that no Will was executed in her favour specially when the admission has not been explained by the plaintiff's husband, who held power of attorney and appeared as witness on behalf of plaintiff? ;