A.K.Sarkar, J. - (1.) The suit is a contentious cause. A caveat was entered on behalf of one Sm. Mira Das to the application for probate of the Will of one Bhupendra Nath Chandra dated 5th November, 1967 by the three executors named in the will. The testator, Bhupendra Nath Chandra died after about 10 years on 6th October, 1977.
(2.) The facts are that, the deceased Bhupendra Nath Chandra left properties both moveable and immoveable within and outside the jurisdiction of this Court and died surviving him the widow, three sons and five daughters. AH the daughters were married to well-to-do persons, the particulars are set out in paragraph 5 of the petition. A copy of the Will has been annexed to the said petition and marked with the letter "A". A caveat was entered to the said application for grant of probate by Sm. Mira Das, the youngest daughter of Bhupendra Nath Chandra. Sm. Latika Nag, the eldest daughter of the testator supported the caveat she filed affidavit in support thereof jointly with the caveatrix affirmed on 21st June, 1978.
(3.) The following Issues were raised and settled in Court:-- ISSUES: 1. Did the testator have mental capacity at the time of execution of such Will ? 2. Was the alleged Will made by the testator out of his free will ? 3. Was the alleged will signed by the testator ?;