1. Admit. Learned advocate Mr.Hitesh Padhya waives service of notice of admission for the respondent.
2. The following substantial questions of law arise for determination of this Court:-
"1. Whether the lower Appellate Court has materially erred in law in confirming the judgment and order passed by the trial court which was not in consonance with the provisions contained in Section 295 of the Indian Succession Act, 1925?
2. Whether the trial court had materially erred in law in not framing the issues under Order 14 of the Code of Civil Procedure and the lower Appellate Court in not raising the points of determination as contemplated under Order 41 Rule 21 as regards the genuineness of the Will Exh.29?
3. Whether the Courts below have materially erred in law in mis-appreciating the evidence on record and in not holding that the Will Exh.29 was not duly proved as per Section 63 of the Indian Succession Act, 1925 read with Section 68 of the Evidence Act?"
(BELA TRIVEDI, J.) Hitesh Top