JUDGMENT

Moushumi Bhattacharya, J. - The defendant no.1 seeks rejection of the plaintiff's application for grant of probate which was converted to a contentious cause and consequently a testamentary suit by an order dated 20th April, 2016.

2. The application for probate; PLA No. 64 of 2015, was filed by one Suresh Agarwal, the executor of the last Will and Testament of Hanuman Prasad Agarwal, who died on 13 th June 1993. The last Will and Testament was signed by the testator on 16 th April 1989. The application for grant of probate sets out the heirs and legal representatives of Hanuman Prasad Agarwal (the testator) namely his 3 sons. The probate petition was filed on 8 th September 2014. The present application for rejection of the probate proceedings was filed on 8 th February 2018 by the defendant no.1, Satyanarain Agarwal, who is one of the sons of the testator.

3. The ground urged for rejection of the application for probate is that the application is barred by the laws of limitation.

4. Mr. Abhrajit Mitra, learned Senior Counsel appearing for the applicant/defendant No. 1, submits that the application for grant of probate should be dismissed on the ground that the application