ASHIM KUMAR BANERJEE.J:

1. Late Narendra Krishna Das died leaving him surviving his widow Lilabati Das, seven sons and one daughter. Two of the sons namely, Priobrata Das and Mohanlal Das died intestate as bachelor. After their death, Lilabati became the owner of the 1/3rd share in the property left by her husband (1/9th from husband and 1/9th each from two pre-deceased sons). The other shareholders were her five sons and one daughter. Youngest one Nemai Das did not have sufficient means of livelihood as we find from the Will of Lilabati. Lilabati bequeathed her all belongings including the 1/3rd share in the family property to her son Nemai Das to the exclusion of her other children being Tushar Kanti Das, Sashanka Sekhar Das, Dipak Das, Bholanath Das and Smt. Krishna Bairagi. Nemai applied for a probate. Bholanath and Krishna supported the Will. The Will was a registered one. Dipak, Tushar Kanti and Sashanka Sekhar appeared in Court after the notice of citation had been published in newspaper. They raised verbal objection and took time to file written objection. The learned District Judge treated the probate application as a contentious cause to be treated as a regular civ