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It is apparent fact that such IA has been filed on behalf of the respondent No.4 on the strength of alleged Will annexed with IA No.5771/06, as alleged executed by the deceased sole appellant in favour of Laxmi Narayan on 4th January, 2002.

I am of the considered view that a person who comes on the strength of testamentary document like Will to claim any right in the disputed property or to substitute his name as legal representative on record then unless the genuineness of Will is inquired and proved such a person like applicant Laxmi Narayan could not be permitted to transpose his name after the death of testator. In such premises the inquiry of genuineness of aforesaid Will of deceased appellant is necessary and such inquiry could not be held by this Court. Hence, office is directed to send both the applications along with the annexed papers to the trial Court within thirty days from today with a direction to hold the inquiry in respect of genuineness of aforesaid Will and send back the matter to this Court on or before 30.6.2015 along with findings. Trial court is further directed to extend the opportunity to both the parties to adduce their evidence in support of their contention. The applicant is directed to produce the original Will before the trial court on the first hearing to hold the directed inquiry.