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2017 Supreme(Cal) 859

I.P.MUKERJI
In The Goods Of : Kamal Krishna Mitter @ Kamal Mitra – Appellant
Versus
. – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Swarnendu Ghosh Ms. Suchismita Chatterjee Ms. Chaitali Mukhopadhyay
For the Defendant : Mr. Dhruba Ghosh

JUDGMENT :

1. This is an application for probate of the alleged last will and testament of one Kamal Krishna Mitter dated 6th September, 2002. He is said to have executed this Will a little over three and half months before his death. He died a bachelor on 26th December, 2002 at the age of 84 years.

2. He was an attorney by profession and lived in premises no. 89A, Shyambazar Street, Kolkata. The testator was one of the three sons of P.N. Mitter. His brothers were Amal Krishna Mitter and Bimal KrishnaMitter. What we know is that at the time of his death the son of Bimal K. Mitter, Sabyasachi Mitra along with this wife lived in the same dwelling house, separately.

3. By his will Kamal Krishna appointed an employee of Life Insurance Corporation of India Dilip Kumar Saha as the executor. The will had two attesting witnesses, Amal Krishna Banik and Atanu Roychoudhury, both advocates and having their office at 1B, Old Post Office Street. From this office the testator’s father P.N. Mitter ran P.N. Mitter and Company, a firm of solicitors.

4. The testator had a cousin by the name of Nisha Sinha. On 6th September, 1982 she made and published a Will reciting there that for the last several year
























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