DR. PROBAL CHATTERJI Vs. MADHUMITA GANGULI AND ANR.

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order being no. 17 dated 14th June, 2016 passed by the learned Additional District Judge, 16th Court at Alipore, in Original Suit No. 2 of 2015 at the instance of the executor/propounder of the will/plaintiff.

(2.) By the impugned order, the probate proceeding which was made contentious after the defendant no. 1 filed objection, was dismissed by the learned Trial Judge under Order 11, Rule 21 of the Code of Civil Procedure for non-compliance of the order passed by the learned Trial Judge whereby the plaintiff was directed to answer some interrogatories.

(3.) The legality of the said order is under challenge in this appeal. Let us now consider as to how far the learned probate court was justified in passing the said impugned order in the facts of the present case. On an application filed by the defendant no. 1 under Order 11 Rule1 of the Civil Procedure Code, the Plaintiff/Appellant was directed to give answer to the interrogatories as mentioned in the schedule of the said application.