( 1 ) THIS rule is directed against an order passed by the District Judge, Midnapore, adding the opposite party No, 8 to contest the Will on the ground that he has acquired by virtue of a deed of agreement executed by two heirs of the testator in respect of the property which the testator left behind (sic ). The case of the petitioner in this application is that on 6th Feb. , 1973 the petitioner as executor of the Will of late Upendranath Shaw filed an application for grant of the probate of the Will dated 29th Oct. , 1969 left by late Upendra Nath Shaw before the District Delegate, namely, the Second Court of the learned Munsif, Contai giving rise to J. Misc. Case No. 13 of 73 but the case having been contested by the opposite parties Nos. 1 and 2, the said application for grant of probate was returned to the petitioner for presentation before the learned District Judge, Midnapore. In the said application for grant of probate it was stated that Upendra Nath died at his residence on 6th Dec. , 1971 leaving a Will duly executed by him on 29th Oct. , 1969. It is stated that the Will was an outcome of free Will of the testator and was executed and attested in accordance