KALYAN JYOTI SENGUPTA, J.

( 1 ) THIS was an application for revocation of grant of probate of the testamentary instrument of one Pravin Kumar kothari (hereinafter referred as the said deceased) who was a resident of Texas, U. S. A. The deceased left him surviving the petitioner, Dipti, daughter, and Ashoke, son who was appointed executor in the said instrument. The probate was granted on 23rd September, 2004 while this application was made on 21st February, 2005. The fight between the parties is queer event which has unusually happened unlike in case of ordinary testamentary fight. It appears to me that the petitioner executor, Ashoke started taking steps to obtain probate in respect of the testamentary instrument in India, in calcutta High Court on the one hand and on the other hand, the daughter, Dipti being the applicant herein, started taking steps for obtaining letters of administration of the estates and properties left behind by the said deceased in Texas Court, thinking that the said deceased had died intestate. Both the parties took steps in the manner as follows :

( 2 ) AFTER death of the said Pravin on 10th february, 2004 Ashoke on or about 8th april, 2004 applied for g

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