Sahidullah Munshi, J. - (1.) This T.S. No.4 of 2015 arises from P.L.A. 360 of 2013. P.L.A. 360 of 2013 has been registered at the instance of Supriya Biswas seeking grant of probate on the Will executed by deceased Samir Kumar Biswas, executed on 29.11.1999. Citations were issued to Smt. Rita Neogi and Munmun Neogi being the daughters of the testator. The petitioner/plaintiff filed an application being G.A. No.380 of 2015, praying for treating the probate proceeding as a 'contentious cause' inasmuch as after issuance of citations. In pursuance of an order dated 2nd September, 2014, Smt. Munmun Neogi appeared and lodged a caveat on 9th September, 2014 and filed an affidavit in support of the caveat on 16th September, 2014. The said application was disposed of by the Hon'ble Justice Soumen Sen by an order dated 19th February, 2015 whereby prayers (a) and (b) in the application (G.A. No.380 of 2015) was allowed. The prayers were as under :- "a) That the department be directed to set down the matter under contentious cause and Testamentary Suit number be allotted and your petitioner be described as the plaintiff in the said proceeding and the respondent be described as the defendant; b) That the petition for grant of Letters of Administration of the Last Will and Testament dated 29.11.1999 of the deceased abovenamed be treated as Plaint and the affidavit in support of caveat filed by the Caveatrix Smt. Munmun Neogi be treated as Written Statement."
(2.) There was a direction upon the plaintiff to prepare a comprehensive Judges Brief of Documents within a period of two weeks, which he filed subsequently. The matter was taken up on 26th July, 2017 but no one appeared in support of the affidavit filed by the defendant Munmun Neogi. However, on the said date, time to complete discovery and inspection as earlier directed by order dated 11th November, 2016 was extended for a period of two weeks. The matter appeared thereafter on 10th August, 2017 when no one appeared in support of the affidavit of Munmun Neogi. This Court framed issues after hearing the learned Counsel for the plaintiff. The following issues were framed :- 1. "Whether the unregistered Will and Testament of the Testator Mr. Samir Kunar Biswas, is genuine and valid Will? 2. Whether the plaintiff is entitled to the grant of probate on the alleged last Will and Testament dated 29th November, 1999 executed by deceased Samir Kumar Biswas? 3. Whether the execution of the Will is shrouded by suspicious circumstances? 4. Whether the Will has been signed by the Testator or not? 5. Whether the requirement under Section 63 of the Indian Succession Act, has been complied with in the execution of the Will?"
(3.) Plaintiff has made out a case that the testator, Samir Kumar Biswas, died testate on 24th February, 2009 leaving behind his last Will and Testament dated 29.11.1999 in Bengali. It has been clailmed that according to the Will, the plaintiff, Supriya Biswas, son of the testator, is the legal heir and sole beneficiary to the aforesaid last Will and Testament of the deceased. The plaintiff has given the details of the assets in the affidavit of assets affirmed on 7th September, 2013. In support of the plaint case Mr. Supriya Biswas was examined on the box on 15th September, 2017. He deposed that Samir Kumar Biswas was his father. He deposed that his father executed a Will which he found after his death and thereafter he brought it to the notice of his learned Advocates. According to him, his father died in 2009. He has relied on a document (Ext. C) which is a death certificate of his father. He has identified the Will (Ext.A). He has identified the signature of his father, Samir Kumar Biswas, being Exhibit A1 and A2.;