Tarun Kumar Gupta, J.:-

This appeal is directed against judgment and decree dated March 25, 2005 passed by learned Judge 3rd Bench City Civil Court, Calcutta in O. C. No.13 of 1996. By the impugned judgment learned Trial Court granted probate in respect of the will dated April 19, 1992 executed by one Sudhindra Krishna Deb appointing the plaintiffs as executors.

2. Being aggrieved with said judgment and decree this appeal has been filed by Ranjan Kumar Mitra being substituted Opposite Party No.3 in place of his mother Geeta Rani, since deceased.

3. Respondent No.1 and 2 claiming to be executors of the will dated April 19, 1992 executed by Sudhindra Krishna Deb, filed said case praying for probate of the will. According to them Sri Sudhindra Krishna Deb alias Kumar Sudhindra Krishna Deb executed his last will dated April 19, 1992 bequeathing all his properties, both movable and immovable, through said will appointing said petitioners as joint executors. Accordingly, there is a prayer for probate of said will.

4. Said probate proceeding was contested by Smt. Ashalata Mitra, Opposite Party No.2 (proforma respondent No.4) and present appellant Ranjan Kumar Mitra, Opposite Party