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2015 Supreme(Cal) 463

MANJULA CHELLUR, JOYMALYA BAGCHI
Ashrant Bhartia – Appellant
Versus
Jagmohan Kerjriwal – Respondent


Advocates Appeared:
For the Appellants :- Surajitnath Mitra, Sr. Adv. with Sabyasachi Chowdhury, Sarbapriya Mukherjee, Debanjan Mondal, S. Trivedi, S. Dasgupta and R. Chilumuri, Advocates.
For the Respondents:- Dhruba Ghosh with Anirban Ray and Shamik Chakraborty, Advocates.

JUDGMENT :

1. Heard learned Advocates for the appellants as well as the respondents.

2. This appeal is directed against a judgment dated 16th December, 2014 in GA No.3059 of 2014 passed by the learned Single Judge. It is necessary to narrate the admitted facts in order to appreciate merits in the present appeal. The respondents/plaintiffs before us has filed a suit to obtain probate of last Will and Testament of Smt. Sajani Devi Bhartia. Apparently, the said suit is contested. The two attesting witnesses for this Will are one Mr. Ajay Bhargava, Partner of Khaitan & Co., Advocates and another person by the name of Mr. Sharad Vaid, Partner of Khaitan & Co., Advocates, both practicing and residing at New Delhi. The testatrix is wife of Mohan Lal Bhartia. It is also not in dispute that Will of her husband and Sajani Devi Bhartia was executed on the same day dated 8th March, 2007. According to the plaintiff, this Will in question is the last Will and Testament of deceased Smt. Sajani Devi Bhartia. Admittedly, so far as probate of the Will of her husband was taken on 10th September, 2009 and the same was uncontested.

3. The appellants/defendants have seriously contested the suit for probate





















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