SIMA RANI MOHANTI Vs. PUSPA RANI PAL

JUDGEMENT

(1.) This appeal is directed against Order No. 8 dated Nov. 3, 1973 of the learned Additional District Judge, Second Court, Alipore dismissing the appellant's application for revocation of the probate of the Will, alleged to have been executed by one Binapani Ghose.

(2.) It is the case of the appellant Sima Rani Mohanti that the said Binapani Ghose by a Will dated Sept. 19, 1966 bequeathed her property, which is a half share in premises No. 98A/H/10, Suren Sarkar Road, Beliaghata, Calcutta to the appellant. She filed an application for the grant of probate of the said Will but she could not proceed with the same as she came to know that the respondent No. 1 Basanta Kumar Sen, who was the owner of the other half share of the said premises, had propounded a Will, alleged to have been executed by the said Binapani Ghose on Sept. 18, 1966 and had obtained probate of the same. Thereupon the appellant filed the application for revocation of the grant of probate to the said Will which was propounded by the respondent No. 1.

(3.) In her application, the appellant challenged the genuineness of the said Will in respect of which the probate was granted. Indeed, it is her case that the probate Will is a forged one. She further complains that a citation should have been Issued to her by the said Basanti Kumar Sen.