BISWAJIT GOSWAMI Vs. PATIT BANDHU DAS

JUDGEMENT

(1.) THIS is an appeal filed under Section 384 of Indian Succession Act, 1925 against the Order dated 17.12.2004 passed by learned Additional District Judge, Court No. 4, West Tripura, Agartala in Case No. Misc. (P) 11 of 2001 where under the learned Additional District Judge rejected the prayer of granting probate of a Will, filed by the appellant -petitioner.

(2.) AT the very inception, learned senior counsel, Mr. A.K. Bhowmik has submitted that the appeal ought to be filed under Section 299 of the Indian Succession Act, but Section 384 of the Indian Succession Act has been wrongly quoted and therefore, prayed for treating it as an appeal under Section 299 of the Indian Succession Act to which, learned counsel, Mr. P. Chakraborty for the respondents, fairly, has no objection and hence, the appeal is treated as one under Section 299 of the Indian Succession Act.

(3.) THE appellant as petitioner presented a petition under Section 276 of the Indian Succession Act, 1925 before the District Judge, West Tripura, Agartala praying for granting probate of a Will dated 12.08.1998 executed by one Prahlad Das Baishnab (Bairagi), Son of late Mukunda Das Baishnab (Bairagi) of Village East Champamura, P.O. Old Agartala, P.S. -East Agartala, District - West Tripura. The original Will alleged to have executed by Prahlad Das Baishnab has been annexed as Annexure -A to the petition filed under Section 276 of the Indian Succession Act.