JUDGMENT : Stanley, J. : The suit out of which this appeal has arisen is a ridiculous one. It is brought by the plaintiff to have a Will of the defendant No. I, a living person, cancelled. In the written statement the defendants pointed attention to the fact that a suit claiming such relief could not be maintained. The will of a living man does not come into operation when it has been executed but only upon his death. So long as a testator is living he may at any moment, cancel his Will and make a totally different disposition of his property. This power he possesses up to the hour of his death provided he be competent then to execute a valid Will. It is idle to contend that a party can come into Court and successfully claim to have the Will of a living person set aside. 2. Unfortunately the learned Subordinate Judge was of a different opinion. In his judgment, he finds that a suit for cancellation of Will may be maintained. In this we are Wholly unable to agree with them. It is said by the learned vakil for the plaintiff-respondent, who had obtained a decree in the Court below, that this question was not raised in the memorandum of appeal. It is a matter, however, which the Court is bound to take notice of and which is apparent or ought to be apparent to any lawyer; We allow the appeal, set aside the decree of the Court below, and dismiss the suit with Costs in all Courts.