Tapan Kumar Dutt, J.

1. Today the learned Advocates for the respective parties have completed their submissions.

2. Hearing is concluded.

3. The facts of the case, very briefly, are as follows:-

That the appellant had filed an application for grant of probate in respect of the alleged last Will and Testament of one Gora Chand De, since deceased, who died on 27.4.1995. The appellants case was that his father, Gora Chand De, since deceased, during his life time executed the said Will dated 17.5.1994 and it was the last Will and Testament of the said deceased. It appears that the said Gora Chand De died leaving behind his widow (Bhgawati), sons (Radhamadhab, Shyamsundar and Shyamal) and daughter (Dipali).

4. The learned Advocates appearing before this Court did not dispute the fact that Shyamsundar has not traceable for a long time and the eldest son of the said Gorachand, namely, Chaitanya had pre-deceased, the said Gorachand De. The application for grant of probate was registered as O.C. Case No. 3 of 1999 and was placed before the learned Judge, VI Bench, City Civil Court, Calcutta for hearing.

5. The said application for grant of probate was contested by the respondents in the