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2020 Supreme(Cal) 36

SAHIDULLAH MUNSHI
Edwin Bason @ Edwin Edmond Bason (deceased) And Kumar Shankar Sadhu – Appellant
Versus
Naila Samreen Shahab – Respondent


Advocates Appeared:
Mr. Dhruba Ghosh, Ms. Madhurima Das for the plaintiffs, for the Appellant; Mr. Yasin Ali, Mrs. Mamata Khatun for the defendant, for the Respondent

JUDGMENT

1. The Court : The present suit arose from the probate petition filed by the plaintiff Kumar Shankar Sadhu praying for grant of probate of the purported Will dated 20th March, 1995 allegedly executed by the deceased Edwin Bason alias Edmond Bason who lately resided at the address mentioned in the cause title of the Probate Petition. Probate Petition disclosed that the deceased, an Indian Christian during his lifetime duly made and published his last Will and Testament dated 20th March, 1995 in English language and character. By the said Will the testator appointed the petitioners/plaintiffs as joint executors/executrix. It is the plaintiffs case that the said Will was duly registered by the Registrar of Assurance, Kolkata. According to the plaintiffs, assets those were left behind by the deceased, are within and outside the Ordinary Original Civil Jurisdiction of this Honble Court.

2. It has been disclosed in the Probate Petition that no person or persons have applied for probate of the said Will or for Letters of Administration with copy of Will annexed or for Succession Certificate in respect of the Estate or effects due to the Estate of the said deceased to any Court in

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