DEB KUMAR BOSE Vs. PRITHUDIPTI MAITY

JUDGEMENT

(1.) 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. 14 of 2002, dated the 17th day of March 2008, wherein the said Ld. Judge has been pleased to dismiss the suit on contest with cost of Rs.5000.00. The said Ld. Judge has been pleased to reach to the conclusion that the 'Will' in question in respect of which probate has been sought for is forged and fabricated and it has been prepared after the death of the testatrix namely Giribala Maity.

(2.) The appellant herein namely Deb Kumar Bose being the executor appointed by the testatrix of the impugned 'Will' had prayed for granting of probate before the Ld. District Delegate at Medinipur.

(3.) Smt. Mira Maity, wife of Dilip Kumar Maity since deceased, being the wife of the eldest son of the testatrix objected to the prayer for granting of probate in respect of the said Will. On being objected the probate proceeding became contentious and ultimately the probate application has been heard by the Ld. Additioinal District Judge, 4th Court Paschim Medinipur.