I.P. MUKERJI, J.

The dispute in this case emanates out of the last will and testament dated 23rd July, 1960 of Narendra Nath Mitra. He died on 15th December, 1963. In his will the testator had appointed Smt. Amiya Bala Mitra and Mr. Sunil Krishna Mitra as executrix and executor respectively. Amiya Bala Mitra died on 29th November, 1985. Sushil Krishna Mitra continued to function as the sole executor. He applied for probate of this will in this High Court. The application was numbered as PLA No. 359 of 2008. It became contentious. Debasish Kumar Sinha one of the sons of the deceased second daughter of the testator Shanti Sinha opposed the grant. The proceeding has been declared to be contentious by this Court and numbered as a suit being testamentary suit no. 14 of 2009. Now, Sushil Krishna Mitra died on 7th January, 2011. On 6th July, 2011 Anindya Mitra filed an application. He is one of the sons of a deceased legatee and son of the testator, Anil Krishna Mitra. He wants the Court to record the death of Sushil Krishna Mitra. He wants the application for grant of probate to be treated as an application for grant of letters of administration with a copy of the will dated 23