Kalyan Jyoti Sengupta, J. - (1.) By this application, the petitioners through their constituted Attorney have asked for setting aside of the order for sale of various properties passed in the testamentary proceedings. Before addressing to the issues the facts of this case are required to be stated briefly.
(2.) One Surendra Nath Banerjee since deceased is said to have died leaving behind will bequeathing his all properties in accordance with the direction and stipulation given therein. In the will it is said that Sudhir Kumar Banerjee, since deceased was appointed Executor. This man had four sons and six daughters. The present petitioners are the sons of his second son, Salil Kumar Banerjee since deceased. Suren was survived by his wife Sarala Bala Devi, since deceased. Thereafter it is said that this old man married second time, however, factum of which is disputed. One of the daughters of the subsequent marriage has come forward in this proceeding to claim her share.
(3.) Sudhir, since deceased, during his lifetime applied for grant of probate of father's will. However, the probate was refused by this Court, as it was seriously challenged and such challenge succeeded. An appeal was preferred against the order, refusing grant of probate. The appeal was kept pending and during pendency of the appeal the above named executor died.;