Rajendra Nath Sinha, J. - (1.) This appeal is directed against a judgment and decree dated 18.1.1997 and 3.3.1997 respectively passed by the learned Judge Special Court E.C. Act-cum-Additional District Judge, Alipore in OS case No. 1 of 1996 granting probate of the Will of Smt. Radha Rani Chattopadhya dated 10.1.1980.
(2.) The aforesaid judgment and decree has been challenged on the grounds taken as many as 23 which are almost repetitions and/or overlapping of each other. On perusal of the entire grounds as aforesaid it appears that the same has been challenged on the grounds that the learned Court below has erred in appreciating the evidences in its perspective and that executant of the Will Radha Rani Chattopadhya did not execute-the same and that her handwriting was taken on some blank paper which has since been converted to a Will.
(3.) It has further been stated that there is an interpolation (jointly and/or severally) that the said Will was at the instance of the scribe and not as per any statement of Radha Rani and that there is no enjoinder of parties and that there is no endorsement., on the body of the Will itself about the same was explained to the executant in Bengali.;