Jayanta Kumar Biswas, J. - (1.) Claiming to be the sole executrix named in the last will of one Ananta Kumar Dutta of 21, R.K. Chatterjee Road, P.S. Kasba, Kolkata - 700 042 dated August 16, 2000, Baby, one of Anantas children, filed an application dated May 17, 2002 seeking probate with effect throughout the Union of India.
(2.) The application was registered under P.L.A. No.206 of 2002. Case stated in it, briefly, is this. Ananta, who died on March 26, 2001, was governed by the Dayabhaga school of Hindu law. On August 16, 2000 he executed his last will at 21, R.K. Chatterjee Road, P.S. Kasba, Kolkata - 700 042 in presence of four attesting witnesses one of whom was Timir Dutta, his youngest son. A declaration dated May 17, 2002 duly signed by Timir is an annexure to the application that is also accompanied by an affidavit affirmed by Timir on May 17, 2002. Ananta was survived by his three sons and three daughters, namely, Birendra, Ashoke, Timir (the sons), and Rekha, Subhra, Baby (the daughters). It is necessary to issue special citation to Birendra, Ashoke, Rekha and Subhra.
(3.) By an order dated April 22, 2003 directions were given for issuing special and general citations. On service of special citation Birendra, Ashoke and Subhra jointly lodged a caveat on July 29, 2003. Ultimately, while Ashoke abandoned the caveat, Birendra and Subhra jointly filed their affidavit in support of the caveat on September 24, 2003.;