- (1.) This is an appeal against the judgement and decree dated July 31, 1997 passed by the learned Additional District Judge, First Court, Hooghly in Probate Suit No. 4 of 1992. By the aforementioned judgement and decree the learned Additional District Judge dismissed the probate suit on contest, but without any order as to costs.
(2.) The propounder filed an application for grant of probate of the will of Annakali Pal, who died on September 2, 1977. The application was filed before the learned District Delegate at Serampore, District : Hooghly and was registered as Act 39 Case No. 198 of 1977. As the probate case became contentious, the application was returned to the propounder for re-filing of the said application in the court of the learned District Judge, Hooghly. This concerns the will of Annakali Pal, widow of Nandalal Pal, of 186 S. C. M. Road, Kumarpara, Baidyabati, District : Hooghly. The propounder claimed that the testatrix executed the will on May 7, 1977 and appointed the propounder as the executor under the will. The propounder claimed that he was the son of Dulal Chandra Pal and the said Dulal Chandra Pal was adopted by the testatrix as she had no issue. After the death of husband of the testatrix, the testatrix inherited the property of her husband as his natural heir. The sister, nephew and nice of Nandalal did not look after the testatrix and the said adopted son and his wife took all cares of Annakali. Annakali, therefore, by executing the said will, bequeathed all her properties in favour of the said propounder and his wife, Bhagabati. The will was a registered one. The testatrix bequeathed her properties equally in favour of the propounder and his wife and authorized the propounder to perform her last rites.
(3.) As we have stated herein above, the application for grant of probate was filed before the learned District Delegate at Serampore, but as the probate proceeding became contentious, the application was returned to the propounder for presentation before the learned District Judge. Unfortunately, the original application was lost from the custody of the learned advocate of the propounder and all attempts to reconstruct the original application failed. Therefore, the propounder filed a fresh application in the court of the learned District Judge, Hooghly for grant of probate of the will. The learned District Judge by order no. 1 dated September 10, 1990 issued a notice on the near relations and by order no. 5 dated March 21, 1991, inter alia, accepted the application for grant of probate.;