SUBHRO KAMAL MUKHERJEE, J.

( 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 Will.

( 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 cases of Shambhu Prasad Agarwal vs. Bhola Ram Agarwal, reported in 2000 (9) SCC 714 and Santi Swamp Sarkar vs. Pradip Kumar Sarkar and Ors. , 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 Anr. vs. Gobinda Chandra Saha and Ors. , reported in 51 CWN 917, the sole executrix under the Will of one Rampada saha applied for grant of probate. Only six days after the said

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