P. B. MUKHABJI, J.

( 1 ) THIS is an appeal from the judgment and order of P. C. Mallick J. , dismissing the propounder's petition for probate of a holograph will of the testator who outlived the will by about sixteen years, on the ground that the conscience of the Court had not been satisfied.

( 2 ) THE propounder Ajit Chandra Majumdar is the youngest son of the testator Adhar Chandra Majumdar. The testator had four sons, Akhil, Anil (the caveator), Ajit and one Arun who predeceased the testator. The predeceased son left a widow and four children, none of whom is contesting the will. The eldest son Akhil did not fife any affidavit In support of the caveat. The second son Anil, who is a doctor, is the caveator and he filed an affidavit in support of his caveat. Anil alone gave evidence at the trial of this contentious cause. Akhil neither filed any affidavit nor gave any evidence in Court and Anil's evidence in support of his caveat was ordered to be taken as the Written Statement of both Akhil and Anil against Ajit's petition for probate, regarded as the plaint in this contentious cause. The position, therefore, is that of all the four sons of the testator, one is the propounder,

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