( 1 ) THIS first appeal is at the instance of a caveator in proceedings for grant of probate and is directed against the judgment and decree dated 12th August, 1989 passed by the learned Chief Judge, City Civil court at Calcutta in O. C. Suit No. 8 of 1986 thereby granting probate in favour of the respondent.

( 2 ) THE respondents herein filed an application before the learned Chief Judge, city Civil Court at Calcutta for grant of probate of the last Will and testament allegedly executed by one Smt. Kamala Bala Dutta, widow of Late Dulal Dutta. In the application for grant of probate, it was disclosed that the testatrix was a childless widow and that she left behind eleven persons as her near relations. Of those eleven persons, three were the sons of the pre-deceased brother of the testatrix, four were the daughters of the predeceased brother, two were the sons of predeceased sisters and the remaining two were the daughters of the predeceased sisters.

( 3 ) IT appears that most of the aforesaid alleged near relations were served by Order 5 Rule 20 Of the Code of Civil Procedure through publication in the daily newspaper.

( 4 ) OF the aforesaid persons,