SISIR KUMAR BISWAS (DECEASED) (SON OF LATE SUNIL KUMAR BISWAS) Vs. SWAPAN KUMAR BISWAS (SON OF LATE SUNIL KUMAR BISWAS)

JUDGEMENT

(1.) An application for grant of probate of a Will dated 1st May, 2010 said to have been left behind by Sisir Kumar Biswas, the deceased as his last will and testament (hereinafter referred to as the said Will) was made by one of the Executors appointed thereunder being the plaintiff above named. The said Will is in Bengali language. An official English translated copy of the same has also been produced.

(2.) The deceased was a bachelor and was a hindu till his death governed by the Dayabhaga School of hindu law. One of his brothers, namely, Swapan Kumar Biswas the defendant above named challenged the grant by filing a caveat. An affidavit in support of caveat was filed by the defendant at a belated state with the leave of the Court. The application for grant being PLA 239 of 2018 (In the Goods of: Sisir Kumar Biswas) was, therefore, set down as a contentious cause by an order dated 2nd April, 2019. The application was thereafter converted into a testamentary suit and was numbered as Testamentary suit No.6 of 2019 wherein the applicant/executor became the plaintiff and the caveator, the defendant.

(3.) The father and mother of the deceased had pre-deceased him. Sunil Kumar Biswas, the father died on 10th November, 1979 while Smt. Aloka Biswas, the mother died on 5th October, 2007. Their respective death certificates have been produced.