P.K.Deb, J.

1. Both the appeals have been heard analogously as they arise out of the common judgment dated 19.8.1988 passed by Shree Chiranji Singh, 4th Additional Judicial Commissioner, Ranchi, in two probate cases, namely, Probate Case Nos. 134 of 1982 and 69 of 1983 which were also heard together and disposed of by a common judgment.

2. There is chequered history of the case. Once both these appeals were heard by Hon ble Mr. Justice Amir Das as he then was and by order dated 2nd February, 1994 the appeals were allowed and the judgment under appeals was set aside and both the cases were remanded back to the learned court below for coming to a just conclusion of the case after consideration of the different circumstances as enumerated in the remand order itself giving opportunities to both the parties to adduce further evidence in support of their respective claims. Against that remand order, Bibhuti Bhushan Sen Gupta, the respondent in both the appeals, had preferred Letters Patent Appeal Nos. 127 of 1995 (R) and 52 of 1994 (R) and both the Letters Patent Appeals had been disposed of by a common judgment and order dated 17.3.1997. It may be mentioned here that then the Le