( 1 ) AN application for grant of probate of the alleged last Will and testament of Satidas Mukherjee, since deceased, was filed by the executor named and appointed in the said Wilt.

( 2 ) SINCE a caveat was lodged, the proceeding became contentious.

( 3 ) UNFORTUNATELY, before the Will could be proved, the executor died on september 15, 2002.

( 4 ) THE present application has been filed by one of the legatees under the will for leave to proceed with the said application upon conversion of this proceeding for grant of probate into a proceeding for grant of letters of administration.

( 5 ) MR. Debasish Kundu, learned Advocate, appearing in support of the application, cites the case of Shambhu Prasad Agarwal and Others v. Bhola ram Agarwal reported in 2000 (9) SCC 714 and Santi Swarup Sarkar v. Pradip Kumar Sarkar and Others reported in AIR 1997 Calcutta 197.

( 6 ) MR. Saha, learned Advocate, appearing for the caveator, opposes this application.

( 7 ) IN the case of Haripada Saha and Another v. Gobinda Chandra saha and Others reported in 51 Calwn 917 the sole executrix under the Will of one Rampada Saha applied for grant of probate. Only six days after the said application was

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