BIMLA KANTA SENGUPTA Vs. SAROJINI KONER

JUDGEMENT

(1.) This appeal arising out of a probate proceeding raises a short but tricky point, not hitherto untraversed but to some extent clouded by a host of judicial decisions, some touching the point rather tangentially and some holding conflicting views. The point has been raised from time to time till recent years demanding meticulous judicial care and attention but still leaving scope for some controversy.

(2.) The petitioner-appellant before us as executor of the Will left by one Sarala Bala Dasi, started a proceeding for the probate of the said Will before the District Delegate at Rampurhat, being Probate Case No. 36 of 1980.

(3.) A dispute having been raised by the opposite party, a daughter of Sarala Bala, regarding the genuineness of the Will, the matter became contentious and on Aug. 8, 1980 the application was registered as Probate Case No. 56 of 1980 before the learned District Judge, Birbhum.