AMITAV RAY Vs. ASHOK KUMAR RAY

JUDGEMENT

(1.) Challenge has been made to grant of Letters of Administration by the Subordinate Judge, Puri on the strength of an unregistered will dated 20-8-72. Plaintiffs applied for grant of Letters of Administration on the strength of a Will said to have been executed by their mother. Defendant No. 2 has filed this appeal challenging the decision of the Subordinate Judge. Originally, only the plaintiffs were made respondents, but subsequently leave has been granted by this Court on 24-8-77 to amend the memo of appeal. By way of amendment, original defendants Nos. 1, 3 and 4 have been added as respondents Nos. 3, 4 and 5. As the appellant did not take steps for service on respondent No. 5, the appeal stands dismissed and the stay was vacated as against respondent No. 5 by order dated 21-12-79.

(2.) The case of the plaintiffs is that they were looking after the affairs of their mother and she had much affection for them. While in sound state of body and mind, she executed a Will on 20-8-72 out of her free will in respect of a house situated in Puri town and it was her last Will.

(3.) The case of defendant No. 2 in the written statement is that the Will is a forged one it does not bear the thumb impression or signature of the mother. At the relevant time, the testatrix was lying seriously ill for over a year before her death and after a cerebral stroke, which resulted in paralysis, she had lost her power of movement and also speech. She had no sound disposing state of mind and was incapable of making any testamentary disposition at the relevant time.