- (1.) This is an application for revocation of grant of a testamentary document said to have been executed on January 21, 1981 by one Sisir Kumar Mitra (since deceased). By this document, Pradip Kumar Ghosh was appointed an executor of the will and he obtained the grant as such.
(2.) This application has been taken out by one Dipak Mitra who claims to be the nephew of the said deceased on the ground that the said deceased, on May 3, 2006 executed the subsequent will revoking all other testamentary documents executed earlier. There are other grounds for revocation, but a discovery of the later will after grant is obtained is good enough to examine this aspect.
(3.) In paragraph 6 of this application, it has been specifically stated that the deceased had finally made a will and testament as late as on May 3, 2006. In response to the aforesaid statement, the propounder of the first will who is the grantee of the probate of this Court, has stated in paragraph 6 as follows: In particular I deny and dispute that the will dated May 3, 2006 ought to get precedence other any other will and testament as alleged in the said paragraph.;