CHITTATOSH MUKHERJEE, AMITABHA DUTTA, JJ.

( 1 ) SM. Sushila Dassi, the opposite party in this Application, has made an application before the District Delegate, Alipore, 24-Parganas, for granting probate in respect of the alleged will of late Lachmani Dassi, Benarasi Lal Patwar was the brother of the deceased testatrix, Lachmani Dassi, and he was also the father of the propounder, Sm. Sushila Dassi, and of Saral Patwar, the petitioner in this Revisional Application. On 24th July, 1981 said Benarasi Lal Patwar had appeared in the probate case filed by her daughter, Sm. Sushila Dassi and had purported to give his consent to the granting of probate in respect of the alleged will of Lachmani Dassi. On 4th September, 1981 Sm. Girija Patwar, the wife of said Benarasi Lal Patwar, had appeared in the said probate case and had filed a caveat. Thereupon, the said case had been treated as a contested one and registered as a suit.

( 2 ) ON 14th April, 1982 said Benarasi Lal Patwar, died and thereupon his widow, Girija Patwar, who was the plaintiff in the said case had filed an application for bringing on record the present petitioner and others heirs and legal representatives of deceased Bena

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