MALATI DE Vs. DHANAPATI DUTTA

JUDGEMENT

(1.) This appeal has been placed before us at the instance of the parties for hearing on the preliminary point of its competency. The point has been raised as a pure point or law by the respondents and it is upon that footing that the matter falls to be decided at this stage.

(2.) The appeal in question is from an order of the learned District Judge, Burdwan, granting probate with a copy of the Will in question annexed. There were certain conditions, imposed on this grant, but the respondents do not contend that the imposition of those conditions would make the order, granting probate, as aforesaid, any the less a final order.

(3.) The respondents' objection is that the present appellant, whose intervention, at an earlier stage, by filling a caveat, following the issue of general citation in this case, was refused by the learned District Judge on the ground that she had no locus standi to file any caveat in the instant case, she not having, according to the said learned Judge, the necessary interest in law in the estate of the deceased testator, has no locus standi to file the present appeal from the order, granting probate, however final that order may be in law. In other words, the respondents do not contest the position that the order, granting probate, which is dated 25th of May 1962 in the instant case, is an order appealable under Section 299 of the Indian Succession Act, but they contend that it is not appealable at the instance of the present appellant for the reason, given hereinbefore. It is the validity of this contention which has to be tested in the instant case.