(1.) Hearing of the instant appeal was concluded on 10th day of August 2023 even without the records of the Court below. In spite of efforts of the registry, the records of the trial proceeding could not be obtained for 3 months since then. Finding no other alternative the judgement is being delivered on the basis of some documents that the parties have supplied.
(2.) The instant appeal arises out of the Judgement and Decree passed by the Ld. Additional District Judge, 4th Court Paschim Medinipur in Other Suit No. 25 of 2008, dated the 29th day of January 2009, wherein the said Ld. Judge has been pleased to dismiss the suit on contest, praying for grant of probate, with cost of Rs.10,000.00.
(3.) The appellant herein namely Gopal Chandra Manna was the applicant for grant of probate in respect of the said 'Will' being the executor of the said 'Will'.