( 1 ) THIS Rule issued upon an application under Section 115 of the Code of Civil Procedure against an order passed by the learned Additional District Judge of Alipore in a pending probate proceeding numbered as Other Suit No. 6 of 1969. In that proceeding Pritish Kumar Mitra has applied for grant of Letters of Administration with a copy of the Will annexed propounding therein a Will which he alleges is the last testament of his uncle Probodth Kumar Mitra. When that proceeding was pending, the propounder Pritish Kumar Mitra made an application to Court stating that the requisite Court-fees have already been paid in a proceeding No. 131 of 1949 under Act XXXIX of 1925, and that he would deposit the ad valorem Court-fees on the Affidavit of Assets in the present proceeding at the appropriate stage. That matter was heard by the learned Additional District Judge on 14th of August, 1969.

( 2 ) THE background of that petition made by Pritish Kumar Mitra was that in the previous proceeding No. 131 of 1949 the same Will of Probodh was propounded by Pritish's eldest brother Prafulla Kumar Mitra who was named as an Executor in the Will. There was no contest raised in that p