( 1 ) THIS appeal has been filed against the judgment and decree dated 30. 05. 1988 passed by the learned Assistant District Judge at contai in Other Suit No. 116 of 1980/other Suit No. 29 of 1979.

( 2 ) BY the judgment and decree under appeal, the learned Judge held that the Probate of the Will was earlier obtained fraudulently by the defendant No. 1, the appellant before us, and the same is liable to be revoked and, accordingly, the learned Judge granted a decree for revocation of the grant of the Probate of the Will by a reasoned judgment. In the said judgment, it was held that the grant of the Probate of the Will obtained in Judicial Miscellaneous Case No. 126 of 1961 in the Court of the learned District Delegate is liable to be revoked and the same was revoked by the judgment under appeal.

( 3 ) THE material facts of the case are that one Upendra Nath Maity, father of the original plaintiff, viz. Subodh Kumar Maity, died on 10. 01. 1960 leaving behind his wife, three sons including the plaintiff and a daughter. The wife of upendra Nath was Barada Sundari, and three sons were Subodh Kumar Maity, sasanka Sekhar Maity, Sudhir Kumar Maity and his daughter