( 1 ) THIS appeal is directed against the judgment and decree passed by the learned Additional District Judge, 5th Court, Alipore on 14-8-80 in Original Suit No. 7 of 1977 whereby he decreed the suit and directed grant of probate with a copy of the will annexed.

( 2 ) THE short question that arises for determination in this appeal is that whether the testatrix Priyambada Dasgupta revoked her will dated 15-7-65 Ext. 3 by means of a registered deed of revocation dated 2-4-66 Ext. H. If this question is answered in the affirmative then the appeal will succeed and grant of probate as has been made by the learned Addl. District Judge will be set aside, because there cannot be any grant of probate in respect of a will which had already been revoked by the testator or the testatrix. If the question is answered in the negative then there can be no manner of doubt that this appeal will fail as no other contention has been raised in this appeal on behalf of the appellants.

( 3 ) PRIYAMBADA Dasgupta the mother of the defendant No. 1 Niradendu Dasgupta and defendant No. 2 Amal Dasgupta and the grand-mother of the plaintiff and other defendants namely, Ajoy Dasgupta an