Bhaskar Bhattacharya, J.: This appeal is at the instance of some of heirs of the deceased defendant no. 2 in a proceeding for grant of probate and is directed against the judgment and decree dated November 30. 1984 passed by the learned Additional District Judge. 10th Court. Alipore in Original Suit No. 3 of 1983 thereby granting probate in favour of the respondent no.1.

2. The respondent no. 1 claiming to be the executor of the last will and testament .of one Smt. Nalinibala Debi filed an application for grant of probate of such will. In the application, the respondent no. 1 made one Smt. Maya Roy as defendant no. 1, Surendranath Mukherjee the brother of husband of the testatrix as defendant no. 2 and Smt. Kamala Chatterjee, the sister of the husband of the testatrix as defendant no. 3.

3. Defendant no. 2, the brother of the husband of the testatrix alone contested the said proceeding by filing written statement thereby denying the allegation made in the application for grant of probate. In the said written statement the defendant no.2 denied that the writing annexed to the application was the last will and testament of Smt. Nalinibala Debi. According to the said defend