ASIT DEY Vs. BRATIN SARKAR

JUDGEMENT

(1.) This revisional application is at the instance of the propounder of a will and is directed against order No. 27 dated September 8, 2000, passed by the learned District Delegate, South 24 -parganas, Alipore in Act 39 Case No. 433/97(P) thereby allowing an application filed by the opposite party for recording objection to the grant of probate and returning the probate application to the Petitioner for presentation before the court of District Judge as the same had become contentious.

(2.) The present Petitioners filed an application for grant of probate before the learned district Delegate, Alipore thereby giving rise to Act 39, Case No. 433/ 97(P). In the said case, the opposite party entered appearance and filed an application thereby raising objection to the grant of probate. On such application being filed, the learned District Delegate returned the probate application to the filing lawyer for presentation before the learned District Judge.

(3.) Being dissatisfied, the applicants for grant of probate have come up with the instant application.