- (1.) The origin of the dispute out of which the present review petition arises lies in an application for grant of probate of the Will of one Baburam Singh, who died on 15th March, 1973. The propounder of the will is one Rajeswar Prasad Singh, representing himself as the son of the daughter of the testator. Rajeswar instituted the probate proceeding in the Court of learned District Delegate, Howrah in the capacity of executor of the said will. In the probate application, he had named three relatives who survived the testator, being himself, his brother Jagnarain Singh and one Panchu Singh. The latter was referred to as the son of late Bahadur Singh, being the brother-in-law of the testator.
(2.) Grant of probate was objected to by one Santi Devi, claiming to be the daughter of Baburam. She disputed that Rajeswar was the grandson of the deceased, and also questioned the status of the two other persons named in the probate application as relatives of the deceased. She sought to make out a case that she was the only daughter and successor of Baburam and alleged that the will was a forged one. The testamentary capacity of Baburam at the material point of time was also questioned by the objector, Santi. The Court of first instance dismissed the application, which was registered as probate suit no. 2 of 1978 in the District Court of Howrah. Finding of the first Court was that Rajeswar Prasad was not the grandson of Baburam and Santi was Babiram's only daughter. The First Court held that suppression in the will of the fact that Santi was Baburam's only daughter cast grave doubt on genuineness of the will and the evidence and surrounding circumstances supported the objector's case that the will was not genuine.
(3.) On appeal before a Division Bench of this Court, the propounder of the will was successful and probate was granted. The judgment, which is under review, was delivered by the Division Bench of this Court on 16th March, 2004.;