ARATI PAUL Vs. REGISTRAR O S HIGH COURT

JUDGEMENT

(1.) This is an application for a certificate under Article 133(1) of the Constitution. The petitioner and the respondents Nos. 3, 4 and 5 are the daughter and sons respectively of one Srish Chandra Paul, since deceased. The petitioner is the youngest daughter of the deceased and the respondents Nos. 3, 4 and 5 are three of his surviving sons.

(2.) In 1946, the widow of the said Srish Chandra Paul executed a deed of gift in favour of her three sons, but later she instituted a suit in this Court being Suit No. 1045 of 1957, for cancellation of the deed of gift, and for partition of the estate, left by her deceased husband. In 1958, the widow died leaving a will whereby she bequeathed her entire estate to the petitioner and her youngest son Gour Chandra Paul, who is respondent No. 5 in this application. The petitioner was transposed to the position of ft plaintiff in the said suit. In February, 1960, file petitioner also applied for grant of letters of administration in respect of the estate left by her mother. This application being contested was marked as a contentious cause and was numbered as Testamentary Suit No. 12 of 1962.

(3.) The Testamentary Suit and the Partition Suit appeared in the list of Mallick, J., and oral evidence was taken in the Testamentary Suit, but before the hearing of this suit was concluded an order was made by Mallick, J., on January 4, 1963, in the following terms: