RAMKRISHNA SAHA Vs. RAJKUMAR SAHA

JUDGEMENT

(1.) Two separate Probate Proceedings under Sec. 276 of the Indian Succession Act, 1925 were initiated by two separate executors seeking probate of two separate alleged Last Wills dtd. 11/6/1993 and 3/2/1995 respectively of the testator, Monilal Saha before the Learned Trial Court. Both the Probate Proceedings have been decided by the Learned Trial Judge on 7/4/2015 by two separate Judgments.

(2.) Feeling aggrieved and dissatisfied with the Judgment and Order dtd. 7/4/2015 passed by the Learned Additional District Judge, 5th Court at Malda in O.C. Suit No. 7/2010, the appellants/opposite parties, Ramkrishna Saha and others filed an appeal being F.A. No. 185 of 2015. At the same time, the appellant/petitioner, Kalpana Saha also filed another appeal being F.A.T. No. 302 of 2015 against another Judgment and Decree dtd. 7/4/2012 passed by the Learned Additional District Judge, 5th Court at Malda in O.C. Suit No. 4/2012.

(3.) By the said Judgment and Order dtd. 7/4/2015, O.C. Suit No. 7/2010 was allowed on contest without any order as to costs in favour of Rajkumar Saha in respect of the Will dtd. 11/6/1993. A Probate Certificate was issued in his favour in respect of the estate left by Monilal Saha. On the other hand, O.C. Suit No. 4/2012 filed by Kalpana Saha, has been dismissed on contest without any order as to costs.