SAMIR KUMAR BISWAS Vs. MUNMUN NEOGI

JUDGEMENT

(1.) This T.S. No.4 of 2015 arises from P.L.A. 360 of 2013. P.L.A. 360 of 2013 has been registered at the instance of Supriya Biswas seeking grant of probate on the Will executed by deceased Samir Kumar Biswas, executed on 29.11.1999. Citations were issued to Smt. Rita Neogi and Munmun Neogi being the daughters of the testator. The petitioner/plaintiff filed an application being G.A. No.380 of 2015, praying for treating the probate proceeding as a 'contentious cause' inasmuch as after issuance of citations. In pursuance of an order dated 2nd Sept., 2014, Smt. Munmun Neogi appeared and lodged a caveat on 9th Sept., 2014 and filed an affidavit in support of the caveat on 16th Sept., 2014. The said application was disposed of by the Honourable Justice Soumen Sen by an order dated 19th Feb., 2015 whereby prayers (a) and (b) in the application (G.A. No.380 of 2015) was allowed. The prayers were as under :-

(2.) There was a direction upon the plaintiff to prepare a comprehensive Judges Brief of Documents within a period of two weeks, which he filed subsequently. The matter was taken up on 26th July, 2017 but no one appeared in support of the affidavit filed by the defendant Munmun Neogi. However, on the said date, time to complete discovery and inspection as earlier directed by order dated 11th Nov., 2016 was extended for a period of two weeks. The matter appeared thereafter on 10th Aug., 2017 when no one appeared in support of the affidavit of Munmun Neogi. This Court framed issues after hearing the learned Counsel for the plaintiff. The following issues were framed :-

(3.) Whether the execution of the Will is shrouded by suspicious circumstances?