JIBAN KUMAR DAS Vs. BIJOY KUMAR MUKHERJEE

JUDGEMENT

(1.) Instead of hearing the application filed by the petitioner being CAN No. 9571 of 1999, the main revisional application was heard on merit with the consent of the learned advocates for the parties.

(2.) This revisional application under section 115 of the Code of Civil Procedure is at the instance of an applicant for grant of probate and is directed against order dated November 20, 1997 passed by the District Delegate, Howrah in Probate Case No. 39 of 1997 thereby adding the present opposite party in the said probate proceeding.

(3.) The sole question that arises for determination in this revisional application is whether a person who has entered into an agreement for purchase of the property covered by the Will with the testatrix is a necessary party to a proceeding for grant of probate of a Will alleged to have been executed by the testatrix.