Decided on September 10,1996

In Re: Sunil Kumar Bhattacharjee Appellant
STATE Respondents


Basudev Panigrahi, J. - (1.)This revision is directed against the Judgment and order dated 25th April, 1996 passed by the learned Chief Bench, City Civil Court at Calcutta in the Probate Case No. 134 of 1995 turning down the prayer of the petitioner to be included as a party.
(2.)The plaintiff/opposite party filed an application on 22/12/95 in the City Civil Court at Calcutta for grant of probate to him as the named executor of the purported last will and testament dated 12th February, 1995 of the deceased Smt. Kalidasi Dasi, the widow of Late Niranjendra Nath Deb. The petitioner, after general citation, entered appearance on 28th February, 1996 through Advocate and sought a direction against the opposite party to serve the copy of the application whereunder the latter was claiming probate of the purported will dated 25th February, 1995. In the said application the petitioner has however claimed that he may be given a chance to contest in the probate proceeding and some time be granted for filing written objection against the grant of probate.
(3.)The plaintiff/opposite party had seriously contested the prayer of the petitioner and challenged the status and locus standi of the petitioner to be impleaded as a party in the probate proceeding. The petitioner has filed his written objection whereunder he has challenged the capacity of the opposite party for claiming probate of the will. It is, inter alia, stated by the petitioner that the testatrix had already executed a will earlier i.e. on 23rd February, 1959. By the said will she appointed the petitioner as executor and bequeathed several items of properties to the petitioner and other legatees.

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