- (1.) P.L.A. 348 of 2009 was registered on the basis of the application of Srikanta Saha being the executor of the last Will and Testament dated 18th April, 2000 of the deceased, Smt. Aranya Saha. After filing the application for grant of probate, citations were issued by this Hon'ble Court upon all the legal heirs as mentioned in paragraph 5 of the probate application. Some of the legal heirs being:- (i) Sankar Lal Saha, (ii) Smt. Kunti Saha, (iii) Amrita Ghosh (Nee Saha), (iv) Dibaskar Saha and (v) Smt. Rajrupa Saha (Nee Sha) jointly filed an affidavit-in-opposition on 16th July, 2010.
(2.) An application being G.A. No.2983 of 2015 was taken out by the plaintiff/petitioner for treating the probate application as 'contentious cause' treating the petitioners as plaintiff and rest of the legal heirs as defendants. The said application came up for hearing before this Hon'ble Court on 10th September, 2015 and this Court was pleased to treat the petition as plaint and affidavit-in-opposition as written statement by setting down the matter as 'contentious cause'. The parties were directed to complete discovery of document by 30th November, 2015 and to complete inspection of document within two weeks thereafter. In pursuance of the aforesaid order dated 10th September, 2015, plaintiff/petitioner completed discovery of document and inspection thereof in due course but the defendants did not comply with the said order. after obtaining certificate from the Registrar, Original Side, High Court, Calcutta, regarding non-filing of affidavit of documents by the defendants, the plaintiff filed another application being G.A. No.588 of 2016 and prayed for treating the suit as undefended one, which, ultimately, came up for final consideration before the Court on 17th August, 2016 when the Hon'ble Court was pleased to direct that the application for Testamentary Suit be taken up as uncontested one. This Hon'ble Court also directed to place the suit before the Bench taking suit matter. On 16th December, 2016, instant suit came up before the Court again and it was directed that the suit would be taken up as an 'undefended suit'. Pursuant to the said order, suit came up for final hearing. Although, affidavit was affirmed jointly by the abovementioned persons but no one turned up to contest the matter by leading evidence in support of the case made out by them.
(3.) It may not be out of place to mention here that Dipali Nandi (Nee Saha), daughter of deceased Aranya Saha, by filing an affidavit affirmed on 11th September, 2009, gave consent and expressed 'No Objection' to the grant of probate of the last Will and Testament dated 18th April, 2000, executed by the deceased in favour of the plaintiff/petitioner as executor. Saraswati Saha, daughter of the deceased Aranya Saha, filed an affidavit affirmed on 4th September, 2009 and gave consent and express 'No Objection' to the grant of probate of the last Will and Testament dated 18th April, 2000 of the deceased Aranya Saha in favour of the plaintiff/petitioner as executor.;