JUDGMENT

Soumen Sen, J. - The facts of the case in brief are that the testator Bibhuti Bhushan Ghosh executed his last Will and testament on the 14th of October 1997. The Will was also registered on the said date. The testator had appointed his second son Anil Ghosh as executor. Bibhuti died on 31st of January 1998. The executor applied for grant of probate as propounder of the last Will and testament of Bibhuti and claimed that at time of execution, Bibhuti was mentally and physically alert enough to understand worldly affairs including that of disposition of properties, that attesting witnesses were present at the time of such execution who had seen the testator execute the same. However,