BIJOY KRISHNA CHANDRA Vs. BISHNUPADA DAS AND ORS.

JUDGEMENT

(1.) This appeal has been directed as against the order No. 56 dated 20th May, 2014, as passed in other suit No.12 of 2012 which was previously numbered as Probate Case No. 50 of 2008 as passed by the learned Additional District Judge, First Court, Paschim Midnapore.

(2.) As per the said order the learned Trial Court rejected the petition dated 3rd of December, 2013, filed by one Bijoy Krishna Chandra, Son of Late Ananga Mohan Chandra, who was defendant no. 2 in that other suit to implead him as the plaintiff so that he can proceed with the said proceeding regarding the same Will after transposing himself as the plaintiff after converting the probate case into one application for letters of administration. It may be mentioned that Bishnupada Das, who filed the said application ultimately abandoned the probate case after he was examined and partially cross-examined and that Bishunupada Das alleged in his petition dated 18th of September, 2013, that he was misrepresented by Bijoy Krishna Chandra to file that probate case and further that he has been suffering from serious ailments. Vide that impugned order another application filed by Bijoy Krishna Chandra as filed under Section 151 of the Civil Procedure Code praying for transposing him as the plaintiff in that other suit was also rejected.

(3.) As per that impugned order, the other suit number stated above and the proceeding was disposed of without any order as to costs by the learned Trial Court.