( 1 ) MR. Bhattacharya's clients have preferred the instant appeal against the judgment and order granting probate of a document said to be the last testamentary instrument executed by one Binoy Krishna Das. By this document, Mr. Roychowdhury's client, Smt. Kalpana Das, had been appointed the executirx to obtain probate of the said document. Mr. Bhattacharya's clients contested the application for grant of probate alleging that the said document was not genuine and it was further alleged that the same was not validly and lawfully executed by the said testator who had no testamentary capacity and was not in a position to execute any document. It is also stated by both the parties that after execution of the said document, one of the properties dealt with in the Will, was also gifted by executing a registered deed of gift in favour of the executrix. We are told that the legality, validity and execution of the said deed of gift has also been challenged by Mr. Bhattacharya's clients by filing a regular civil suit and the same is pending.

( 2 ) BEFORE the learned Court below, the appellants before us made an application for appointment of ha