RAMEN KUMAR PAUL Vs. JAYANTA PAUL

JUDGEMENT

(1.) The present appeal is directed against the order vide. No. 43 dtd. 5/4/2016 passed by the learned Additional District Judge, Fast Track Court no. 2, Barasat, North 24 - Parganas in O.S. no. 03 of 2012 (New O.S. No. 223 of 2014) whereby the learned Court below dismissed the suit ex parte denying to grant of probate in respect of Will and testament of one Amulya Kumar Paul dtd. 18/2/2002.

(2.) One Ramen Kumar Paul and one Arbind Pal (hereinafter referred to as the petitioners) filed an application under Sec. 276 of Indian Succession Act, 1925 (in short, Act of 1925) before the Court of learned District Delegate at Barasat, which was registered as Misc. Case no. 197 of 2010 (Probate), praying for grant of probate in respect of last Will and testament of one Amulya Kumar Paul (hereinafter referred to as the testator) contending, inter alia, that the testator breathed his last on 2/12/2009 at his permanent place of abode leaving behind his widow, one son and three daughters, namely, Pratima Paul, Jayanta Paul, Rina Paul, Bina Saha and Rita Paul and prior to his death, the testator by executing his last Will and testament dtd. 18/2/2002, which was duly registered in the office of Additional Registrar of Assurance, Kolkata on 18/2/2002, bequeathed the property mentioned in the schedule appended to that application.

(3.) Jayanta Paul (in short, Jayanta) entered his appearance in Misc. case no. 197 of 2010 and resisted the grant of probate rendering the case as contentious cause. Consequently, the case was placed before the learned District Judge, North 24 Parganas and ultimately, the same was transferred to the learned Court below for disposal and was registered as O.S. no. 03 of 2012 and subsequently, the same was renumbered as O.S. no. 223 of 2014.