BISWANTH CHAKRABORTY Vs. BAGALA CHAKRABORTY

JUDGEMENT

(1.) This is an ap-peal from an order refusing to set aside the grant of Letters of Administration with copy (of) Will annexed made in favour of one Smt. Bagala Chakraborty on 24-5-1995.

(2.) The deceased, her husband, Sudhir Kumar Chakraborty had made a Registered Will under which his widow was to get the entirety of his property. After this clause of absolute grant, there are other clauses in derogation, seeking to give the other parties, the property left by the deceased. in case those are left disposed of by Bagala during her lifetime.

(3.) Mr. Banerjees clients, the appellants, pressed their application for setting aside of the ex parte grant particularly on the ground that their lawyer, Mahato could not attend on 24-5-1995 because of his daughters marriage.