Arindam Mukherjee, J. - (1.) Amal Kumar Mitra a hindu governed by the Dayabhaga school of hindu law during his life time died on 21st March, 2006 at Suraksha Hospital, Salt Lake, Kolkata leaving behind his window, two sons and one married daughter as his legal heirs and heiresses. Amal Kumar Mitra is said to have left behind a Will dated 9th February, 2006 (hereinafter referred to as the said Will) as his last Will and testament. Under the Will he has appointed his younger son Santanu Kumar Mitra as the sole executor.
(2.) The sole executor has filed an application for grant of probate of the said Will being PLA No.249 of 2011. The said application for grant has been contested by Anuradha, the married daughter of the testator. The application for grant having been set down as contentious cause by an order dated 27th January, 2015 is numbered as testamentary suit No.7 of 2015 being the instant suit. The executor Santanu Mitra is the plaintiff while Anuradha Das, the caveatrix is the defendant in the instant suit. The suit has reached the stage of trial.
(3.) The instant application is by the defendant for 'rejection of the admission of the plaint' on the ground that this Court lacks the jurisdiction in receiving, entertaining, trying and adjudicating the suit in as much as the testator had all his immovable and movable assets outside the ordinary original civil jurisdiction of this Court, had his permanent abode at AE 296, Sector-I Bidhannagar (Salt Lake City) Kolkata-700064 also outside the jurisdiction and died also outside the jurisdiction of this Court.;