Decided on November 27,1989

Shubra Nandi Majumdar Appellant
Begum Mahmuda Khatoon Respondents


BADRUL HAIDER CHOWDHURY,J. - (1.) This appeal by special leave is directed against the judgment and order of the High Court Division in Civil Revision No.85 of 1987 discharging the Rule and affirming the order passed by the District Delegate and First Court of Subordinate Judge, Chittagong in Probate Case No.186 of 1986 allowing the prayer for adding the respondent to contest the prayer for granting of probate.
(2.) Facts as follows: One Sarat Kumar Kanungoo made a Will on 19th March, 1986 and a few days later he died on 11.4.86. Whereby he bequeathed all his moveable and immoveable properties to the appellant who was made executrix of the said Will. She filed the Probate case for granting of probate. The Respondent filed an application in the said case for adding her as a party in that case on the allegation that the testator had entered into an agreement with her to sell schedule-1 property and made over possession to her. She further stated that she had already filed Other Suit No.34 of 1986 in the 1st Court of Subordinate Judge, Chittagong for specific performance of contract. The appellant opposes the said prayer by filing a written objection, denying all allegations and stating that the testator was not in possession of all his property and the appellant is in possession therein. The respondent did not acquire any interest or possession.
(3.) The learned District Delegate allowed the prayer of the respondent for adding her as a party. Being aggrieved by the said order the appellant filed Civil Revision Case No.85 of 1987 in the High Court Division and the learned Judges after hearing the parties discharged the rule.;

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