Subhro Kamal Mukherjee, J.

This is an appeal against judgment and order dated July 13, 2009 passed by the learned Additional District Judge, Fourth Court, Howrah, in Letters of Administration Case no. 23 of 2000.

By the impugned judgment and order, the learned Judge rejected the application for grant of letters of administration.

The application for letters of administration was filed by this appellant contending that Shrimati Kiran Bala Dasi bequeathed the property-in-dispute in his favour by executing her registered last will and testament dated January 22, 1979. The will was registered in the office of the Joint Sub-registrar, Howrah. The parents of this appellant were named and appointed as the executor and the executrix respectively.

Unfortunately, they did not obtain probate of the said will. The appellant requested them, on several occasions, to obtain probate. As they did not obtain probate of the will, this appellant applied for grant of letters of administration in respect of the said last will and testament. A certified copy of the said will was filed inasmuch as the original will was in the custody of the said executor and the executrix.

The application wa