ARABINDA SARKER Vs. BIMALENDU BHOWMIK

JUDGEMENT

(1.) Petitioner filed Revocation Case No. 144 of 1975 in the Court of District Judge, Mymensingh against granting of Probate in Probate Case No. 2 of 1967 of the Court of District Judge, Mymensingh. The said Revocation case was disallowed on the ground that the petitioner had no locus standi to file the revocation case. Against that judgment and order the petitioner preferred First Appeal No. 40 of 1977 and the sane was dismissed by a Division Bench of the High Court Division on 29-3-1993. Petitioner is now seeking leave to appeal from the impugned judgment of the High Court Division.

(2.) The fact relevant for disposal of this petition is, that one Shashi Kanta Sarker made a will on 42.63 and thereafter he died on 14-8-66. After his death Bimalendu Bhowmik, respondent No. 1, the then Head Master of Gobindapur High School filed Probate Case No. 2 of 1967 in the Court of District Judge, Mymensingh. After hearing the parties the Probate case was allowed and the same was signed and scaled on 6-7-69. Thereafter the present petitioner filed the Revocation case in 1975 alleging that the testator Shashi Kanta Sarker had been suffering from serious illness from one year before his death and the respondents taking advantage of the fact that his only son Subodh Ranjan Sarker was staying in Calcutta collusively created the forged will Ext. 1 and that no notice of the said Probate case was served upon the near relations of the testator.

(3.) The Revocation case was contested by respondent No. 3 denying the material allegations contending that the petitioner had no locus standi to file the Revocation case and that the petitioner has no present or future interest in the properties in respect of which probate was granted.