JAGAT NARAYAN, J. - (1.) THIS is an appeal by one Gangadas against an order of the District Judge, Jodhpur dismissing his objection to the grant of probate of a will alleged to have been executed by one Haridas deceased in favour of Mool -Chand respondent.
(2.) GANGADAS is the real brother of Haridas. If the will is not proved to have been duly executed, then Gangadas will inherit the property of Haridas. Moolchand filed an application for grant of a probate in respect of the will Gangadas filed an objection on 1 -9 -67 against the grant of probate on the ground that the will was a forged on and on the ground that he was the nearest heir of Haridas who was entitled to succeed to his property. No affidavit was filed -within 14 days of the filing of this objection. On 11 -11 -1967 Mool Chand filed an application that as no affidavit had been filed within 14 days of the filing of the caveat as required by Rule 777 of the Rajasthan High Court Rules, the caveat should de discharged. Gangadas filed an application in reply to this application on 8 -12 -67 giving reasons as to why he was unable to file an affidavit within 14 days of the filing of the caveat. He also filed an affidavit in accordance with the requirement of Rule 778 on 8 -12 -1967.
(3.) IN the affidavit it was stated by Gangadas that he was employed as a Patwari in Bilara Tehsil and his official duties required him to be busy during the months of September. October and November so that he was unable to come to jodhpur to file an affidavit. Further it was alleged that he came to Jodhpur on 24 -11 -1967 but on that date his lawyer Shri Vishva Nath Vyas was lying ill.;