PARESH CHANDRA DAS Vs. BIDHU BHUSAN BANERJEE

JUDGEMENT

(1.) This is an appeal by one Paresh Chandra Das claiming to be the executor of a will alleged to have been executed by one Asita Bala Dasi and is directed against a decision of Mr. Bikash Chandra Ghosh, learned Subordinate Judge, seventh additional court, district 24-Parganas, dated September 22, 1951.

(2.) The will is purported to have been executed by Asita Bala on July 17, 1949, whereby she bequeathed her estate in favour of one Gopal Chandra Das, a son of Paresh Chandra Das. By that will she appointed Paresh Chandra Das as the executor. The will recites that Asita Bala was a widow of Haricharan Das and was a Baisnav by caste. On September 8, 1949, Asita Bala died. On January 16, 1950, Paresh Chandra Das filed an application for the grant of probate of the aforesaid will of Asita Bala. An objection was raised by one Bidhu Bhusan Banerjee who claimed to be an executor appointed under the last will of Haricharan Das, the legatees under that will being his sons Atul and Abani. It was alleged in the objection petition that a probate of the said will had been granted on August 10, 1939, and revocation proceedings had been pending at the instance of Asita Bala. The will, probate whereof was claimed, was said to be a forgery. On these objections the learned judge framed certain issues. One of the issues raised concerned the locus standi of the objector. Another issue that was raised related to the genuineness of the will. The learned Subordinate Judge was of the opinion that the objector had locus standi to contest the grant. He was also of the opinion that the will was not a genuine one. In this view he refused to grant a probate of the will of Asita Bala. Against this decision the propounder Paresh Chandra Das has appealed to this Court.

(3.) Mr. Dutt, learned advocate on his behalf, has urged that the objector Bidhu Bhusan had no locus standi to contest the grant of probate.