GOODS OF AJIT KUMAR ROY Vs. PRADIPTA MITRA

JUDGEMENT

(1.) The Court : Smt. Hasi Roy filed this application on 16th August 1996 praying for grant of probate in the last Will and Testament dated 7th March 1995 executed by her husband Ajit Kumar Roy who died on 4th April 1996 leaving behind the petitioner Hasi Roy (wife), Asit Kumar Roy, Arit Kumar Roy and Amitava Roy (sons) and Pradipta Mitra (the married daughter).

(2.) Smt. Pradipta Mitra filed a Caveat and obtained leave of the Court to file an affidavit in support of her Caveat by 17th January 1997. Pursuant to that order, special citations were served on her on 16th October, 1996. Pradipta Mitra affirmed an affidavit in support of the said Caveat on 15th January 1997 and it was filed on 20th January 1997. After hearing the learned counsels of both sides, an order was passed on 14th February 1997 by Mr. Sujit Kumar Sinha, J. (as His Lordship then was) directing that the matter be sent down as a contentious clause making Hasi Roy as the plaintiff, Smt. Pradipta Mitra as the defendant and treating the original petition for probate filed on 17th August 1996 as the plaint and the affidavit in support of the caveat filed on 20th January 1997 as the written statement filed by Pradipta Mitra.

(3.) Pursuant to the order passed on 19th February 1997, parties discovered documents and thereafter, four volumes of Judge's Brief of documents were filed by the learned advocate on record for the plaintiff.