Sailendra Nath Sarkar, (hereinafter referred to as the said deceased) a Hindu governed by Dayabhaga School of Hindu Law of Indian domicile and an inhabitant of Ramkrishnapur, Howrah outside the ordinary original civil jurisdiction of the High Court but within the testamentary jurisdiction of the District Court, Howrah died on 30th December, 1982 leaving a will and testament dated 18th day if November, 1981. The said deceased died leaving his five sons, his widow, Smt. Durgarani Sarkar and one daughter Sm. Priti Mitra. By and under the said deceased appointed his two sons, namely, Sachidulal Sarkar and Nirode Baran Sarkar as Joint Exectors and Trustees. The said deceased left properties all within the jurisdiction of the Court of the District Judge Howrah.

2. The petitioners, Sachidulal Sarkar and Nirode Baran Sarkar have made an application to this Hon'ble Court for grant of a probate of the said will. A question has arisen as to whether after amendment of the City Civil Court Act 1953 by the City Civil Court (Amendment) Act, 1980 this Court has jurisdiction to grant probate of the said will. In connection with the said question a broader question has arisen in this case as