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1992 Supreme(Cal) 190

S.K.MUKHERJEE, AMAL KANTI BHATTACHARJI
MIRA ROY – Appellant
Versus
STATE – Respondent


( 1 ) THIS revisional proceeding raises a question of first impression.

( 2 ) ONE Smt. Giribala Devi died testate, leaving a will whereby she had nominated her grandson, Sri Hirak Roy, as the sole executor. On or about 3. 11. 83 the said executor applied for probate, giving rise to the instant probate proceeding, before the learned District Delegate, 24-Parganas. It is unfortunate that the said probate proceeding remained pending only for the purpose of valuation report of the Collector for more than 8 years. During the pendency of the said proceeding there were various litigations, going upto the Hon'ble Supreme Court, as off shoots of the said probate proceeding. The Hon'ble Supreme Court, however, by its order dated 18. 11. 91 issued a mandate for disposing of the probate proceeding within a period of two months. The learned District Delegate fixed up the hearing of the pro- bate matter on 3. 1. 92, when two applications were filed before him--one by the executor praying for leave to amend the probate application by incorporating 17 names including one of the executor's wife, 16 out of the said 17 persons, that is, all except the executor's wife, the petitioner before us, propo






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