AJIT KUMAR SAHA Vs. ASHIT KUMAR SAHA

JUDGEMENT

(1.) This revisional application has been preferred challenging Order No. 38 dated 6-3-2002 passed by the learned Chief Judge in the City Civil Court at Calcutta in O. C. No. 5/1999. The basis of or the background on which this revisional application has been preferred is inter alia as follows :- The opposite party herein filed an application under S. 276 of Indian Succession Act, 1975 for grant of probate of the last Will and testament to the deceased Sudhir Chandra Saha, son of Late Nandalal Saha of 16A, Mondal Street, P. S. Jorabagan, Calcutta - 700 006. The said application for probate has been registered as Probate Case No. 73/1998 before the learned Chief Judge, City Civil Court at Calcutta.

(2.) Coming to know about the said probate proceeding, the petitioner herein raised an objection in the said proceeding for which the said case No. 73/1998 was dropped and was transferred as O. C. No. 5/1999 that is the instant case.

(3.) The petitioner filed written objection on 21/05/1999. According to the petitioner, the applicants of the Will suppressed all material fact and filed this application for the grant of probate with a mala fide intention to grab the property at the back of the petitioner. In the objection it was also stated that the deceased Sudhir Chandra Saha prior to the execution of the alleged Will executed earlier two Wills in the year 1990 and 30/07/1994 which the opposite parties did not disclose in the said application.