- (1.) The present suit arose from the probate petition filed by the plaintiff Kumar Shankar Sadhu praying for grant of probate of the purported Will dated 20th March, 1995 allegedly executed by the deceased Edwin Bason alias Edmond Bason who lately resided at the address mentioned in the cause title of the Probate Petition. Probate Petition disclosed that the deceased, an Indian Christian during his lifetime duly made and published his last Will and Testament dated 20th March, 1995 in English language and character. By the said Will the testator appointed the petitioners/plaintiffs as joint executors/executrix. It is the plaintiffs' case that the said Will was duly registered by the Registrar of Assurance, Kolkata. According to the plaintiffs, assets those were left behind by the deceased, are within and outside the Ordinary Original Civil Jurisdiction of this Hon'ble Court.
(2.) It has been disclosed in the Probate Petition that no person or persons have applied for probate of the said Will or for Letters of Administration with copy of Will annexed or for Succession Certificate in respect of the Estate or effects due to the Estate of the said deceased to any Court in the Union of India According to the plaintiffs execution of the said Will is proved by affidavit of Mr. David Elias Nahoum, one of the attesting witnesses affirmed on 10th November, 1995 and also by signature at the foot of the petition. The said affidavit of David Elias Nahoum has also been annexed with the petition.
(3.) The grant of probate of the said Will was initially opposed and or contested by one Mohammed Shahabuddin and one Ronald Edwin Armstead in their capacity as Joint Executors of an earlier Will of the said deceased made and published on 23th November, 1992. It is not disputed that both the earlier Will and the said Will are registered documents and by the said Will, the earlier Will was expressly revoked.;