DEEPAK KUMAR DAS Vs. PARBATI DAS

JUDGEMENT

(1.) This appeal under Section 299 of the Indian Succession Act read with Order 41, Rules 1 and 2 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 18.7.2003 in Title Suit No. 14 of 2001 arising out of Misc. (Probate) Case No. 69/2000 passed by the learned District Judge, Sonitpur, Tezpur, dismissing the application of the appellants for grant of probate of the registered will dated 9.11.1998 executed by their late uncle Kamakhya Das for bequeathing his moveable and immoveable properties and also all service benefits like provident fund dues, gratuity and the bonus etc. and all his money etc. in favour of the appellants.

(2.) Heard Mr. T.C. Khetri, learned senior counsel appearing for the appellants and also Mr. S.C. Biswas, learned counsel appearing for the respondent.

(3.) The brief facts, which are necessary to dispose of this appeal, are recapitulated as under :-