Sabyasachi Bhattacharyya, J.

The matter is taken up for hearing since both the contesting parties are represented.

The present revisional application arises out of a probate proceeding. One Anima Sen having died leaving behind a Will, the petitioner initiated a probate proceeding as propounder, giving rise to Probate Case no. 58 of 2004. The said probate application subsequently turned contentious upon the opposite party no. 1 having opposed the same. The matter was thus registered as OC No. 2 of 2005. The Second Bench, City Civil Court at Calcutta granted probate ex parte on November 7, 2005. Subsequently, opposite party no. 1 took out an application for restoration of the suit, which was allowed, thereby restoring OC No. 2 of 2005 to its original file and number by setting aside the ex parte grant of probate. The petitioner adduced evidence in connection with the probate suit as plaintiff's witness no. 1 (P.W.1). Upon conclusion of the petitioner's cross-examination, one Rupak Gupta, the sole surviving attesting witnesses to the Will, adduced evidence as plaintiff's witness no. 2 (P.W.2). The said witness was cross-examined on at least three occasions over a period of sev