Kailash Chandra Joshi, J. - (1.) THIS civil first appeal has been preferred by appellant -defendant Ram Singh being aggrieved by the judgment and decree dt. 03.06.1983 passed by learned District Judge, Merta in Civil Original Case No. 5/1974, by which the learned trial Court allowed the application of respondent -plaintiff Mohan Lal filed under Sec. 278 of the Indian Succession Act, 1925. Respondent -plaintiff Mohan Lal died during the pendency of the appeal and his legal representatives were taken on record as respondent No. 1/1 to 1/5.
(2.) THE brief facts of the case are that respondent -plaintiff Mohan Lal filed an application under Sec. 278 of the Indian Succession Act in the Court of District Judge, Merta praying for issuance of letter of administration in his favour in respect of will (Ex.1). Appellant -defendant Ram Singh objected the issuance of letter of administration on various grounds by filing written statement. A rejoinder was also filed by the respondent -plaintiff.
(3.) ON the basis of the pleadings of the parties, the learned trial Court framed the following 6 issues: - ;