Debi Prosad Dey, J.

This first appeal is directed against the judgment and decree passed by Additional District Judge, 4th Court, Barasat, North 24 Parganas in original suit No. 05 of 1995 dated 14th July 1995 whereby and whereunder Learned Additional District Judge has granted letters of administration in favour of the plaintiff/respondent in terms of the last Will and Testament dated 27th Day of December, 1972 said to have been executed by Basanta Kumar Dutta (since deceased).

Being aggrieved by and dissatisfied with such judgment and decree, the appellants have preferred this first appeal on amongst other grounds that Learned Trial Judge has failed to consider properly the suspicious circumstances surrounding the execution of the Will and that Learned Trial Judge instead of disposing the matter according to the satisfaction of his own conscience, has supplied reasons to justify the case of the plaintiff/respondent out of his own resulting in miscarriage of justice and thereby Learned Trial Judge has failed to dispose of the case under reference in accordance with law.

The fact of the case as unfolded in the petition as well as in the written statement of the parties to