Arun Bhansali, J. - (1.) THIS appeal has been preferred against rejection of application seeking probate passed by Additional District Judge, Nimbahera, whereby the application filed by the applicant -appellant has been rejected. The facts in brief are that the appellant filed an application on 18.8.1993 seeking probate of the will dt. 8.5.1949 under Sec. 272 r/w Section 276 of the Indian Succession Act, 1925 ('the Act'), said to have been executed by one Ramchandra Das S/o Narsingh Das and it was inter -alia stated that the said Ramchandra Das had died on 8.11.1952 and will was executed in favour of the appellant whereby the properties indicated in the will were bequeathed to him.
(2.) THE application was opposed by the respondents and it was inter -alia submitted that the said will dt. 8.5.1949 was a forged and concocted document. It was further submitted that the suit was filed by only daughter of Ramchandra Das against the applicant, wherein he filed his written statement on 7.9.1979, however, no such plea regarding execution of the will in his favour was taken, which clearly indicates that the document never existed. In any case, the proceedings were barred by limitation and the will was surrounded by suspicious circumstances in view of the fact that though Smt. Ram Kanwari Bai is the only daughter of Ramchandra Das, she has been allegedly deprived of the entire property of her father in so -called will dt. 08.05.1949. The trial Court after due consideration came to the conclusion that the applicant had failed to prove issue No. 1 which related to the execution of the will dt. 8.5.1949. Consequently, the application filed by the appellant -applicant was rejected.
(3.) IT is submitted by learned counsel for the appellant that the judgment passed by the trial Court is against the evidence available on record and therefore, the same deserves to be set -aside.;