- (1.) HEARD the Learned Counsel for the appellant and the Respondent.
(2.) PERUSED the records and proceedings. The present appeal is preferred by the Appellant under section 299 of the Indian Succession Act, 1925, being aggrieved and dissatisfied by the Judgment and order dated 05th May, 2003 passed by the Learned Additional Judicial Commissioner, Ranchi in Probate Case No. 94 of 1995, Title Suit No. 1 of 1998, whereby the application for grant of probate has been dismissed.
(3.) THE brief facts of the case, are as under : - The applicant/appellant No. 1 initially filed an application for the grant of Probate under Section 270/276 of the Indian Succession Act on the basis of the Will dated 20th February, 1994 executed late Poulosh Oraon. Initially, it was registered as Probate Case No. 94 of 1995. According to the Appellant, the Will was duly executed by the deceased Testator and duly attested by the Attesting Witness including Shri Kaushal Kishore, Advocate, who had also typed the said Will. It is the case of the Appellant that under the aforesaid Will, the Applicant/Appellant No.1 was appointed as an executor. The Testator -Pouloush Oraon died on 19.07.1994 at Gutua, Barkakana, where he was temporarily residing along with his daughter, the Supporting Appellant No. 3, who was a Staff Nurse in C.C.L. Hospital at Barkakana. At the time of the death of the Testator, he has a fixed place of abode at village -Dibdih, PS. Argora, District -Ranchi.;