DEBANGSU BASAK, J.

1. The plaintiff has applied for grant of probate of a document claimed to be the last Will and testament of Rama Sengupta, since deceased.

2. The testatrix had died on August 14, 2006. By her Will the testatrix has appointed the plaintiff as the executor.

3. The plaintiff does not come within the heirs succeeding to the estate of the testatrix on intestacy succession. The brother of the testatrix being the defendant herein succeeds on intestacy succession and is opposing the grant of the probate. The probate application was directed to be treated as a contentious clause. A testamentary suit number has been allotted pursuant to such direction.

4. Three issues have been framed for trial in the suit on May 13, 2013. The issues settled by such order are as follows:-

1. Is the Will dated 6th October, 2005 executed by Rama Sengupta since deceased?

2. Does the execution of the Will dated 6th October, 2005 is surrounded by suspicious circumstances as alleged in paragraphs 3 and 9 of the written statement?

3. Is the executor entitled to grant of probate of the Will and Testament dated 6th October, 2005?

5. The parties have adduced evidence through their respective witn