( 1 ) THIS is an appeal by the propounder and is directed against a judgment and decree made by Mr. B. M. Roy Choudhury, learned District Judge, Berhampore, dated 27-4-1951, refusing an application for the grant of probate under Section 237, Succession Act, 1925.

( 2 ) THE testator Nandalal Pal executed a Will on 30-9-1913. It was registered by him at Domjur Registration Office. At the time the testator used to live ordinarily at Dhulian in the district of Murshidabad where he practised as a Medical Practitioner and also carried on business. The Will was executed at Dakhinpara Jhapardaha in the district of Howrah which was the ancestral residence of the plaintiff. At the date of the Will the testator had his wife Sreemati Lakshmimoni Dasi living who ordinarily resided at Dabhinpara Jhapardaha. He had five sons, Ashutosh, the objector, Abinash, Surendra, Debendra and Satyacharan, the propounded of the five sons of the testator, Debendra predeceased him. Abinash and Surendra survived the testator but died before the present application for probate. It may be pointed out that at the date of the Will the testator Nandalal had two businesses in medicine, one of which was