Subhro Kamal Mukherjee, J.

This is an appeal against judgment and decree dated January 18, 1993, passed by the learned Additional District Judge, Ninth Court at Alipore, district: South 24 Parganas, in Original Suit No. 4 of 1991.

The learned trial judge, by the impugned judgment and decree, dismissed the suit on contest against the contesting defendant no. 5, namely, Dhananjoy Saha, and dismissed ex parte against the defendant nos. 1, 3, 4, 6, 7 and 8 in presence of supporting defendant no. 2, namely, Narayan Chandra Saha.

Initially, the application for grant of probate was filed before the learned District Delegate at Alipore, district: South 24 Parganas, which was registered as Act 39 Case No. 79 of 1990. As the proceeding became contentious, the application was refiled before the learned District Judge at Alipore, district: South 24 Parganas on July 27, 1990. The proceeding was registered, initially, as Original Suit No. 56 of 1990, but, on transfer, before the learned Additional District Judge, Ninth Court at Alipore, district: South 24 Parganas, the suit was re-numbered as Original Suit No. 4 of 1991.

This is a proceeding for grant of probate in respect of the last