- (1.) This First Appeal is directed against the judgment and decree passed by the learned Additional District Judge, 10th Court, Alipore, 24 Parganas(South) in Original Suit No.11 of 1998 wherein and whereby the learned Judge dismissed the prayer for granting probate in favour of the appellants.
(2.) Being aggrieved by and dissatisfied with such judgment and decree of the learned Trial Judge, the plaintiffs/appellants have preferred this appeal on amongst other grounds that learned Trial Judge could not properly appreciate the evidence on record and thereby came to an erroneous finding in respect of the execution of the Will by the testator and that learned Trial Judge failed to appreciate the dispositions made in the 'Will' in its true perspective and in terms of the desire and intention of the testator and that the learned Trial Judge erroneously came to a decision ignoring the evidence on record that the Will is not fettered by any of the suspicious circumstances, as alleged in the written statement.
(3.) The fact of the case under reference may be summed up as follows:- Nilkrishna Paul, prior to his death made and published his last Will and testament on first day of October, 1986 whereby he appointed the plaintiffs (his two (2) sons), as joint executors and left and bequeathed his estate and effects there to. At the time of his death, Nilkrishna Paul left behind him his 4 sons viz. Birendranath Paul, Bikash Paul, Sankar Paul @ Kali Krishna Paul, Bimal Paul and four (4) daughters viz. Shibani Paul nee Das, Gouri Paul nee Sarkar, Kalyani Paul nee Kundu, Smt. Mousumi Paul and widow Smt. Santirani Paul. Nilkrishna Paul appointed the plaintiffs/appellants as executors of the Will.;