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2009 Supreme(Cal) 703

Jyotirmay Bhattacharya
Manju Mitra – Appellant
Versus
Anil Krishna Paul – Respondent


Advocates Appeared:
Aniruddha Chatterjee, Bidyut Banerji, S.Lahiri, Saktinath Mukherjee, Tulsidas Roy, Vipul Kundalia,

JUDGMENT:

1. THE propriety of an order passed by the learned Additional District Judge, Fast Track Court-I at Barasat in O. S. No. 48 of 2008 on 27th July, 2009 vide Order No. 20, is under challenge in this application under Article 227 of the Constitution of India at the instance of the defendants/petitioners. The instant revisional application arises out of a probate proceeding which became contentious as one of the petitioners namely Mrs. Manju Mitra objected to the grant of probate of the will dated 5th May, 2006 left by Harihar Mitra since deceased. The opposite party who is the propounder of the said will is represented by Mr. Banerjee, learned Senior Counsel.

2. BY the impugned order at least three applications filed by the petitioners were rejected by the learned Trial Judge. In one of such applications the defendant Manju Mitra prayed for setting aside of the ex-parte hearing of the said suit. In the other petition she had shown cause as to why no step could be taken on her behalf in the said suit before the learned Trial Judge on 5th May, 2009. In the other petition the petitioners prayed for issuance of direction upon the propounder to serve a photostat copy of the purpor










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