DINESH CHANDRA MITRA Vs. ON THE DEATH OF BHABANI PRASAD BHOWMIK, HIS HEIRS AND LEGAL REPRESENTATIVES-BMDUBASBINI BHOWMIK AND ORS.

JUDGEMENT

(1.) THIS appeal is against the judgment and decree of the Additional District Judge, L.A.D. Gauhati in a probate matter.

(2.) AN application was made by Dinesh Chandra Mitra, hereinafter referred to as the Appellant, before the Subordinate Judge in 1959 for grant of probate of the will executed on 10 -1 -59 by late Charubala Bhowmik ol Dhubri, District Goalpara, hereinafter referred to as testatrix. The matter becoming contentious, a suit was filed before the learned District Judge in 1961 being Probate Title Suit No. 1 of 1961. The suit was later on transferred to the Additional District Judge, Gauhati, in 1962 and it was registered as Probate Title Suit No. 15 of 1962. The main objector in the suit was Bhabani Prosad Bhowmik who was the son of a brother of the husband of testatrix. Bhabani Prosad Bhowmik however died after the suit was disposed of by the learned Additional Dis ­trict Judge and his heirs have been substi ­tuted as Respondents 1 (a) to 1 (g). The objection of Bhabani was that the; will was the result of a conspiracy, that it was not executed and attested in accordance with law, that a previous will dated 23 -11 -55 was executed by Charubala Bhowmik by which fill her properties were given to the objector Bhabani Prosad and that the subsequent will was obtained by the Appellant according to his own dictation and by exercising undue influence and that the testatrix had no men ­tal capacity for disposing of her properties r at the time of execution of the will on 10 -1 -59. The following issues were framed by the learned Additional District Judge:

(3.) TO what relief, if any, the parties are entitled?