( 1 ) THIS appeal is against the judgment and decree passed in Probate Suit No. 3 of 1971 by the 1st Court of Additional District Judge at Howrah dismissing the said suit with costs.

( 2 ) THE application for probate of the will alleged to have been executed by Radhika Prosad Seal alias Shee was filed by the appellant Ashutosh Seal. One of the executors named in the said Will which is alleged to be the last Will of the testator. The Will being contentious the application was returned by the District delegate and it was refiled before the District Judge. Howrah. The caveator respondent Umashasi Santra; daughter of the testator, filed a written objection contending inter alia that the Will in question was not executed by her father, the testator, that the Will was a forced one and it had been created by the propounder in collusion with his henchmen in order to deprive her of her legitimate share in the properties left by her father Radhika Prosad Seal and as such the said suit should be dismissed. It was also stated therein that the testator 9/10 years before his death was absolutely confined to bed and during the last three, years he had no sense to identify