JUDGMENT

Ashis Kumar Chakraborty, J. - The matter has been placed by the Testamentary Department before this Court. The point of law which has fallen for consideration before this Court is whether revocation of the grant of probate of a Will to the executor, at the instance of one of the heirs and legal representatives of a deceased testator requires the executor to prove the Will in solemn form after adducing evidence.

2. The facts relevant for deciding the above point of law are that one Tapas Dutta, alias, Shri Tapas Kumar Dutta (hereinafter referred to as "the executor") filed the application, PLA 234 of 2012, before this Court, for grant of probate of the Will and Testament dated February 02, 1996 allegedly executed by his father, Uday Chand Dutta (Deceased). In the probate application it was alleged that the testator, Uday Chand Dutta died on August 31, 2010 leaving behind his wife Menoka Dutta @ Smt. Menoka Rani Dutta and married daughter Soma Rudra (hereinafter referred to as "Menoka" and "Soma", respectively) and the executor himself as his only heirs and legal representatives. In the probate proceeding, two affidavits were filed which were allegedly affirmed by Menoka and