Judgment

SINHA J.: This is an appeal against the judgment and order dated 4-9-1951 of the Calcutta High Court in its appellate jurisdiction reversing those dated 29-8-1950 of a Judge of that Court sitting on the Original Side granting the appellant s prayer for revoking and annulling the probate granted in respect of the last will and testament dated 29-7-1912 of one Binod Lal Ghosh, deceased, whom we shall call the testator in the course of this judgment.

2. The testator is said to have executed a will on 29-7-1912 which was registered on the same date at the Calcutta registry office. By the said will the testator appointed the following five persons as executors or executrices:

1. Anil Nath Basu, Attorney-at-Law

2. Brindaban Chandra Mitter (These two also figure as attesting witnesses to the will).

3. His adopted son Charu Chandra Ghose (whom we shall call Charu for the sake of brevity) a minor on his attaining majority.

4. His wife Haimabati Dasi, and

5. His brother s widow Muktakesi Dasi.

He also directed that on the death of the said Anil Nath Basu, his son Achintya Nath Basu, and on the death of Brindaban Chandra Mitter, his son Debi Prosad Mitter will take their places respectively