Arijit Banerjee, J. - (1.) THE present proceedings concern two Wills of Lt. Pratibha Sundari Devi. She died on 10th June, 1998.
(2.) THE two Wills alleged to have been executed by the said deceased have surfaced after her demise. One is a Will dated 16th June, 1996. The other is a Will dated 8th April, 1997. The executor named in the Will dated 16th June, 1996 filed an application for probate of the said Will before the Ld. Alipore Court. Such probate was granted by an ex parte decree and order dated 21st February, 2001, without citation having been issued to the heirs of the testatrix. The executor named in the Will dated 8th April, 1997 applied for probate of the said Will in this Court by filing PLA No. 206 of 1999. The applicant for probate before the Ld. Alipore Court in respect of the 1996 Will being one Dipendu Krishna Roy Chowdhury had filed a caveat in this Court and substantially filed an affidavit in support thereof. Accordingly PLA No. 206 of 1999 was marked as contentious cause and was renumbered as TS No. 3 of 2008.
(3.) THE executor named in the 1997 Will of the deceased filed an application before the Ld. Alipore Court for revocation of the probate granted in respect of 1996 Will of the deceased. By a judgment and order dated 20th July, 2011 the said probate was revoked.;