1. THE Judgment of the Court was as follows: This appeal is against the judgment and decree dated 22nd July, 1994 passed by the learned Single Judge, dismissing Testamentary Suit No.4 of 1989, inter alia holding, that there were suspicious circumstances surrounding the execution of the Will and that the conscience of the Court was not satisfied that the Will dated 24th May, 1988 had been executed by the testator of his own free will and volition.

2. THE above appeal was heard by a Division Bench comprising A.K. Banerjee and T.K. Giri, JJ. THE Division Bench, however, could not agree and the appeal has accordingly been referred by the Hon'ble Chief Justice to me, as third Judge.

While A.K. Banerjee, J. is of the view that the appeal should be allowed and probate of the Will, as prayed for, be granted, T.K. Giri, J. is of the view that the appeal should be dismissed.

3. THE issues before the learned single Judge were whether the Will dated 24th May, 1988 was genuine, whether the Will had duly been executed and attested; whether the testator had testamentary capacity at the time of execution of the Will; whether the Will had been obtained by fraud, undue influence or coercion