obtained fraudulently by suppression of material facts? (3) Is the will propounded a forgery?
7. The first point has to be decided under two heads ... genuineness of the will and on that evidence I am satisfied that the-will propounded is a forgery. On that view it is not necessary
further for he then asserts, "I also say this Will is not his Will. I am prepared to swear it is not his signature ... says, "It was not his intention to make a Will like this Will. The signature is not like the signature of his hand. From
appellants have a direct interest in disputing the will. They alleged that the will is a forgery, and has been concocted for the purpose ... they have not such an interest as will enable them to show that the will is a forgery, and has been manufactured for the purpose
will. Their Lordships having found on the facts that the will was genuine, expressly refused to decide the question whether apart from forgery, a creditor ... that are before us that the will was not genuine. The allegation that the will was a forgery therefore fails.
23. I have now dealt
Subordinate Judge came to the conclusion that the Will was a forgery, with the result that he revoked and annulled the probate already re-called ... revoked by a competent Court on the ground that the Will was a forgery. In our opinion, there is no room for controversy that, when
petitioner sought revocation inter alia on the ground that the will was a forgery his. remedy was to file a suit ... have the probate revoked on the ground that the will was a forgery his remedy was to file a civil suit, and not an application
further that the Will is forged and this Court need not look into the Will any more. The factum of forgery Will be substantiated ... Issuance of citation.
25. As far as question of forgery or genuineness of the Will are concerned or for that matter act or conduct
plaintiffs ask for a declaration that the second will is a forgery, and that the grant of probate was obtained fraudulently and by collusion. They ... alleged will of the deceased. The High Court on appeal held that the creditors could not challenge the will as a forgery except
will. That might have been by way of traversing the defendants' pleading. Then the plaintiff states:
The will set up is a forgery. With ... full knowledge of the fact that the will was a forgery, probate was obtained from this Hon'ble Court by means of fraud. Probate
agreement to fulfil his evil design to grab the property. The forgery will be clear from a comparison of the two agreements with the forged ... would show that the opposite party No. I along with others committed forgery and cheating and therefore the offence being very serious the opposite party
