1. The Court: This P.L.A. No.273 of 2014 was registered at the instance of Joydeb Paul, the sole executor of the Will and Testament dated 27th August, 2013 of the deceased Joydev Pal. One Dipanwita Pal being the widow of the testator lodged a caveat. Subsequently, G.A. being No.883 of 2015 was filed by the caveatrix for recalling of an order dated 29th January, 2015 by which the probate application was marked as non-contentious cause. By an order dated 18th March, 2015, after due consideration of the averments made in the petition filed by Dipanwita Pal, this Court held that an opportunity should be given to the caveatrix to contest the probate proceeding and, accordingly, order dated 29th January, 2015 was recalled and the applicant was directed to file affidavit in support of the caveat which she has done. The matter was taken up for hearing as a contentious cause and, consequently, this P.L.A. was re-numbered as Testamentary Suit being No.17 of 2015. The parties led evidence in support of their respective cases. Matter was heard at length on diverse dates and lastly, hearing was concluded by an order dated 16th May, 2017.

2. The propounder and executor has averred that