( 1 ) THESE two matters were taken up together as those are interlinked. C. O. No. 1566 of 2004 is at the instance of an applicant for grant of probate and is directed against Order No. 37 dated 9th September, 2003 and Order no. 38 dated 19th September, 2003 passed by the Additional District Judge, 2nd Court, Bankura in Judicial Misc. Case No. 2 of 2003 arising out of probate Suit No. 4 of 1999. By Order No. 37 the learned Trial Judge allowed the application for restoration of the probate proceedings on payment of costs of Rs. 5,000/- to the respondents. By the subsequent Order No. 38, the Court rejected the application filed by the petitioner for reducing the said costs of rs. 5,000/- and at the same time dismissed the Misc. Case No. 2 of 2003 for non-compliance of the earlier Order No. 37. The suo motu Rule being C. R. 2272 of 2004 was issued by this Court calling upon the respondents to show cause why earlier Order No. 34 dated 6th July, 2003 passed by the learned trial Judge in Probate Suit No. 4 should not be set aside.

( 2 ) IT appears from Order No. 34 dated 16th July, 2003 that on the date fixed for evidence of the respondents, the Court directed t