JUDGMENT

Ashis Kumar Chakraborty, J. - The applicants have filed this application under Section 263 of the Indian Succession Act, 1925, (in short, the Act of 1925) praying for revocation of the probate granted by this Court on July 14, 2017 in respect of the Will dated November 20, 2002 by late Kiran Wadan Bhagat (hereinafter referred to as "the said Will") in PLA No.143 of 2016. The ground urged in this application is that the alleged executor obtained the probate of the said Will without serving prior notice or citation upon the applicants who are the interested parties in the estate of said Kiran Wadan Bhagat, since deceased.

2. According to the applicants one Lajpat Rai Bhagat, since deceased was the absolute owner and in possession of 7 bighas of land with the building and structures thereon appertaining to Municipal Holding No.368, under Ward No.1 of Panihati Municipality recorded in C.S. Dag Nos. 3387, 3388, 3389 and 3391 of C.S. Khatian No.59 of Mouza Sukhchar, J.L. No.9 within P.S.-Khardah in the District of North 24- Parganas (hereinafter referred to as "the said property"). On January 19, 1974 the said Lajpat Rai Bhagat died intestate leaving behind his wife Jagjit Bhagat