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1985 Supreme(Cal) 185

SUDHIR RANJAN ROY
DIPALI HAZRA – Appellant
Versus
JOSTNAMONI SHAR – Respondent


Advocates Appeared:
BHUDEV BHATTACHARYA, SAMARENDRA NATH BANERJI

ANIL KUMAR SEN, J.

( 1 ) THE objectors of a probate proceeding are the petitioners before us in this revision application. The order impugned is one dated December 17, 1984 passed by the learned Additional District Judge, 2nd Court, Birbhum in the Letters of administration Case No 71 of 1981. The proceeding for the grant was initiated in the year 1980. In the year 1982 the present objectors-petitioners took a specific objection that the alleged signature of the testator of the ell is not the genuine signature of the testator. An issue in that regard was raised as early as in the year 1982. It is very unfortunate that though such an issue was raised, no steps were taken on the part of the objectors to have a Handwriting expert appointed by the Court for examination of the signature on the will with any admitted signature of testator until the proceeding was taken up for peremptory hearing on December 17, 1984. On that date such as application was filed and it has been rejected solely on the ground o0f delay. That is the order now being impugned before us in the present revision application.

( 2 ) MR. Banerjee, appearing in support of the revision application, has contended that th



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