Arijit Banerjee, J. - (1.) The present application has been filed in a proceeding for grant of probate of a Will and Testament dated 31 August, 1988 claimed to be executed by one Saraj Kumar Chatterjee who passed away on 3 September, 1988. The petitioner is one of the joint executors named in the said Will. The other executor expired during the pendency of the probate application. The main prayers made in the present application are as follows:- "(a) Leave be given to serve subpoena upon Sri Partha Dutta, Senior Manager, Punjab National Bank, Ballygunge Branch to produce the original full signature of Late Saroj Kumar Chatterjee of 143A, Rash Behari Avenue, Kolkata from the custody of the Bank in this Hon'ble Court; (b) Third Handwriting expert be appointed from the panel of the High Court with a direction to inspect the signature of Late Saroj Kumar Chatterjee appearing in the Will of Saroj Kumar Chatterjee dated 31st August, 1988 being the subject matter of the instant suit and Will dated 30 August, 1988 the subject matter of Matter No. 107A of 1991 against the original signature of Late Saroj Kumar Chatterjee produced from the custody of Punjab National Bank and take photographs thereof and submit his opinion on the same. "
(2.) During the pendency of the present probate proceeding, one Sabitri Banerjee applied for probate of another Will of the said deceased, dated 30 August, 1988. The propounder of the said prior Will was the sole beneficiary and executrix thereunder. On 11 December, 1997, the said earlier Will was probated in favour of the said Sabitri Banerjee, since deceased.
(3.) The application for probate of the later Will dated 31 August, 1988, was contested by one Dr. Gopal Mitra by filing caveat and an affidavit in support thereof. Dr. Gopal Mitra passed away on 6 September, 2015. Presently the legal heirs of Dr. Gopal Mitra being his wife and two sons are contesting the probate application.;