The Court: The case concerns the grant of probate of a Will of Judistir Dutta, a reasonably wealthy spice merchant of Calcutta.

2. The Will was executed in July 1971. Judhistir died in 1978.

3. In the Court below probate was granted to the propounder being the Executrix Bhanumati Dutt, the second wife of Judhistir.

4. Sometime in the thirties Judhistir's first wife died leaving her surviving a son and a daughter named Rabindra and Anima. In the late thirties Judhistir married his second wife Bhanumati some 15 years younger than him. He had a son and a daughter again by his second wife they are Atanu and Arupa.

5. In the Will Bhanumati was granted life interest and Atanu was granted the rest of the absolute beneficial interest in practically all the properties of the deceased.

Rabindra Nath Dutta was specifically mentioned as excluded.

Thus the steep mother and the step brother got the property from Judhistir and Rabindra Nath Dutt, the Caveator was totaly excluded. This is as the will would appear to be from the point of view of the Caveator.

6. Rabindra's sister Anima also lodged a caveat but the case of the Caveatrix is much weaker than that of the Caveator because in this tradi