PASUPATI PAUL Vs. RASH BEHARI PAUL

JUDGEMENT

(1.) THIS first appeal has been preferred by the appellant viz. Pasupati Paul, against the judgment dated 11th June, 2001of the Second Court of Additional district and Sessions Judge at Barasat, North 24 Parganas, in original suit No. 2 of 1994 granting letters of administration over the estate of Kalipada Paul @ Kali charan Paul by virtue of his Will dated 21st March 1983.

(2.) THE case of the original petitioner, Kanan Bala Paul, the predecessor of the present petitioners in the Court below is that the said Kalipada Paul @ Kali charan Paul executed his last Will written in Bengali on 21st March, 1983 and he died ultimately on 26th January, 1988 at Chittaranjan Medical College and hospital, Calcutta ? 14 while living at Natagarh, Ram Krishna Sarada Road, P. S. Khardah, Dist. North 24 Parganas. He left behind the original petitioner, namely, kanan Bala Paul, his second wife, as the executrix of the Will and the four sons and two daughters through such second wife and three sons and two daughters through his first wife including Pasupati Paul, the present appellant, that is to mean he left behind altogether 12 heirs including the second wife. The said executrix prayed for probate in respect of schedule 'a' property to the application and the expenses for funeral and sradh ceremony to the tune of Rs. 7000/- being shown under schedule 'b'.

(3.) WHILE the application for probate of the said Will filed by Kanan Bala Paul was pending, she died leaving behind four sons and two daughters who were substituted and those substituted heirs prayed for letters of administration over the said estate under Section 278 of the Indian Succession Act by way of converting the prayer originally made by their predecessor. The three sons and two daughters of the first wife were made opposite parties to the proceedings.