BHUTNATH DAS Vs. SATISH CHANDRA GUIN

JUDGEMENT

(1.) One Sasibala Dasi died in a hospital in Calcutta on 21-11-1943. It is admitted fact that she had executed a will on 22-1-1930, and had the same registered two days later. Sasibala at the time of her death left a brother Bonowarilal and the petitioners Satish Chandra and others who are her sisters' sons; the petitioner Santosh Bala was another sister of hers.

(2.) A little over three years after the death of Sasibala an application for the issue of letters of administration was filed by Satish Chandra and others before the court of the Munsif at Katwa. The proceedings were transferred to the court of the District Judge. The petitioners came to court with the story that the original will which was with Sasibala was not found after her death. A certified copy obtained from the registration office was filed along with the petition. Sasibala's brother Bonwari died in February-March, 1945, leaving five sons viz., Bhutnath, Ramanath, Dinonath, Saktipada and Muktipada.

(3.) The petition which had been filed originally was a defective one, as in the body of that petition, there was no averment that the will had been properly executed and attested. This was remedied by a subsequent petition for amendment filed on 5-7-1950, just before the decision, by the learned District Judge.