ASWINI KUMAR CHAKRAVARTY Vs. SUKHAHARAN CHAKRAVARTY

JUDGEMENT

(1.) This is an appeal from an order passed by the District Judge of Dacca refusing to revoke a probate.

(2.) The will is dated 1895. The testator died in 1907. His widow applied for and obtained probate of the will in 1907. She was the sole executrix named in the will and was also the sole legates under it. In connexion with the application for probate only general citations wore issued. She did not disclose in her application the fact that the testator had left amongst others a stepsister Manikarnika and her two sons Aswini and Gokul. These two persons applied on 14 September 1928 for revocation of the probate alleging that no citations had been issued on Manikarnika, that they were both minors at the time, that no guardian had been appointed in respect of them, and that no citations had been issued on certain other persons who in case of intestacy would have been heirs of the testator. They alleged that the will was not duly executed, and that the testator had no free will nor sound disposing mind.

(3.) The District Judge has found that no special citations were issued. He has however refused to revoke the probate for the reason that Aswini's story that ho came to know of the will and of the probate in 1924 was not true, that even if it was true, he did not take any steps for four years to have the probate revoked and the explanation given for the delay was not acceptable, and that he had acquiesced in the executor's dealings with the properties for nearly 20 years. Aswini and Gokul have then preferred this appeal.