Moushumi Bhattacharya, J.

1. This is an application filed by one Radha Nath Nandy for leave to appear in person on behalf of the defendant/caveatrix.

2. The dispute relates to two Wills both allegedly executed by one Usha Kanta Das. The first Will was executed on 10th September, 1965 in which Amiya Kanti Das and Amar Nath Ash (now deceased) were made the joint executors. The testator (Usha Kanta Das) then substituted the first Will with the last and final Will dated 3rd October, 1975, which was registered with the Registrar of Assurances, Calcutta. In the last Will dated 3rd October, 1975, the testator replaced the name of his son-in-law, Amar Nath Ash (now deceased) and included his wife Smt. Ushabari Devi (now deceased) as the joint executor along with his son Amiya Kanti Das, the plaintiff no.1. It was specified in the last Will that in the event of the death of Ushabari, she shall be substituted by Jyotsna Das, the wife of Amiya Kanti Das for discharging the duty of an executor. After the death of Usha Kanta Das, the plaintiff, on coming to know of the existence of the Will dated 3rd October 1975, applied for grant of probate with the consent of both Shefalika Ash and P