Sidheswar Narayan, J. - (1.) This petition in revision is directed against the orders dated 17 5.1991 and dated 20.6.1991, passed by Shri P. Mondal, Assistant District Judge, 10th Court, Alipore in Title Suit No. 114 of 1995 (earlier being Title Suit No. 33 of 1950 of the Court of Subordinate Judge, 24-Parganas). As per these orders on one side the natural heirs of the sole deceased plaintiff, Bon Behari, being his wife and three daughters were substituted and one, Mitali Biswas was added as defendant on death of her mother, Jyotsna Rani (Defendant No. 4) and on the other side the original petitioner's prayer for dismissal of the suit as abated was rejected. The petitioner's prayer was rejected on the sole ground that the petitioner being not a party to the suit, his prayer for dismissal of the suit could not be entertained.
(2.) The controversy between the parties centres around a registered deed of Will dated 27.11.1927 with regard to the estate of one, Basanta Behari Sen. The Will has been probated on 3.12.1930 in favour of the sole executrix, Bijan Bala, third wife of the testator. The aforesaid suit for administration and construction of the Will was instituted by one, Binoy Behari Sen, son of the testator on the ground of mis-management of the property under the Will in the hands of the sole executors. It would be relevant to now place the genealogical table of the parties, so as to better appreciate the contentions of the parties.
(3.) The genealogical table of the parties as follows:- ;