Arijit Banerjee, J. - (1.) Deb Kumar Saha, (in short'Deb') a Hindu inhabitant of Calcutta and a wealthy businessman died on 31 December, 2009. The plaintiff no. 1 Nirmal is the brother of Deb and the plaintiff no. 2 (in short 'Kanchan') is the son of Nirmal. The plaintiffs have applied for grant of probate of a document dated 13 April, 2005 which they claim is the last Will executed by Deb (Exhibit 'I'). There is also a document dated 7 April, 2006 which the plaintiffs claim is a Codicil to the Will executed by Deb. (Exhibit 'J').
(2.) The original caveators were the two sons of Deb namely Dr. Dipankar Saha (in short 'Dipankar') and Dr. Jyorirmoy Saha (in short 'Jyotirmoy'). They filed affidavits in support of their caveats and opposed the grant of probate. Accordingly, the probate application became a contentious cause and was registered as a suit. During the pendency of the suit Jyotirmoy passed away. He was substituted by his wife and daughter. But they did not file any separate written statement. Only Dipankar has contested the grant of probate.
(3.) Exhibit 'I' has been witnessed by one Manabendra Saha Roy (in short 'Manabendra') and by one Anjan Chattopadhyay (in short 'Anjan'). Manabendra is an Advocate practising in the Calcutta Small Causes Court and Anjan is an Advocate practising in the Calcutta City Civil Court.;