Monoj Kumar Mukherjee, J. :- The principal question that falls for determination in this Rule is whether an application filed under Section 476 of the Code of Criminal Procedure 1898 (hereinafter referred to as the Code) in a Civil Court is to be governed by the Code of Civil Procedure or the Code of Criminal Procedure. Another question ancillary to the above, which also requires an answer is whether a revisional application against any order passed in such a proceeding is to be made under Section 115 of the Code of Civil Procedure or Section 439 of the Code. The questions arise in this way.

2. The parties hereto, who are three brothers, had been litigating in the 4th Court of the Additional District Judge, Alipore over an application for probate of the last will and testament of their mother. In that proceeding which was registered as O. S. No. 10 of 1971 Sri Meghesh Kumar Sadhukhan, one of the brothers and the opposite party No. 1 herein, filed an application on January 30, 1974 stating that his other two brothers produced a forted document, during the hearing of the probate application and Sri Gurudas Banerjee, the opposite party No. 3 herein, supported them by giving fa