LATE SURAJ NARAIN DAGA Vs. STATE

JUDGEMENT

(1.) This case concerns the last Will and Testament of Sural Narain Daga of 47/1, Sir Hariram Goenka Street, Calcutta - 700 007 (now Kolkata) It was executed on 2nd November, 1992. He was 78 years old at the time of its execution. He had four sons namely, Laxmi Narain, Sree Narain, Prem Narain and Satya Narain. Prem Narain was given away in adoption. Pramod Kumar Daga was his grandson through his son Sree Narain. In the above instrument he appointed Laxmi Narain and Pramod Kumar as Joint executors. They were to act jointly. If Promod Kumar did not act, then Sree Narain would act as the executor. The testator Suraj Narain died on 2nd September, 1995 It appears that a though the executors were required to act jointly, one of thorn Laxmi Narain filled an application for grant of Probate of the above will, which was marked as PLA, 177 of 1996. According to Mr. Dipankar Dhar, learned advocate appearing for the applicant Pradeep Kumar Daga, the son of Laxmi Narain, Promod Kumar had refused to act as an executor and in those circumstances, Laxmi Narain as the other joint executor had filed the application for grant of probate. In that proceeding a citation was issued by this Court to Pramod Kumar received by him and giving him notice of the institution of the above application for grant of probate and asking him if he was interested to come and sec the proceedings. This citation was served on Promod Kumar on 6th December, 2005. An advocate acting on his behalf, by a letter dated 10th December, 2005 informed Mr. Dhar that he had filed a Vakalatnama on behalf of Mr. Pramod Daga.

(2.) Now, Satya Narain, the third son of the testator had filed a caveat in this Court opposing the grant of probate of the above will before filing of the application for grant of probate. After filing the application Sree Narain Daga, the second son of the testator also lodged a caveat. This Court by its order dated 25th January 2007 had discharged the caveats.

(3.) On 11th August, 2010, Laxmi Narain and Promod Kumar jointly filed an application being G.A. 2601 of 2010 in this Court for grant of probate to them as joint executors.