Arun Kumar Bhattacharya, J. - (1.) The hearing stems from an application filed by the petitioner praying for revision of the order being No. 78 dated 18.3.1997 passed by the Ld. Additional District judge, Alipore in Misc. Case 6/1995 arising out of O.S. No. 4/1993.
(2.) The circumstances leading to the above revision are that Dr. Gora Chand Nandy before his death executed an unregistered Will dated 23.1.1983 appointing his brother-in-law Kshitish Chandra Dutta and O. P. No. 1 joint executors. After the death of Gora Chand on 28.7.1985, the said first executor Kshitish Chandra brought a suit for grant of probate. Kshitish Chandra died on 31.8.1994 and since no step for substitution was taken, order of abatement of the suit was passed on 24.4.1995. Co-executor O. P. No. 1 filed an application under Order 22, Rule 9 C.P. Code praying for setting aside the order of abatement and permitting her to proceed with the suit as she was ignorant about the death of Kshitish Chandra. Ld. Additional District Judge, 5th Court, Alipore vacated the order of abatement passed by his predecessor in office by the impugned order No. 78 dated 18.3.1997 in Misc. Appeal 6/1995 inter alia holding that there is no period of limitation for grant of probate and the law of limitation is hardly applicable to succession proceeding.
(3.) Being aggrieved by and dissatisfied with the said order, the present revision has been preferred.;