SANDHYA GUHA ROY Vs. SUPRIYA BOSE

JUDGEMENT

(1.) This appeal has been preferred impugning the judgment and decree of the learned Trial Judge, whereby the application for grant of probate has been refused.

(2.) The appellant is the propounder/executrix of a document described to be the last Will and testament of one Mrinalini Basu, since deceased (hereinafter referred to as testatrix). THE respondents before us contested the said suit taking specific plea that there was no Will, and the document which is sought to be probated, is a manufactured one. THE defendants are the sons of the said lady testatrix. A plea has been taken that apart from two sons, there has been a daughter and she was not cited.

(3.) At least there has been a contest by two sons and their caveat as well as affidavit in support of their caveat was accepted. AT the highest, the said daughter ought to have been cited first and had she wished to contest the grant by filing affidavit and place her claims, she ought to have been impleaded as a party defendant.