JUDGMENT

Siddhartha Roy Chowdhury, J. - Challenge in this appeal is to the judgement and decree passed by learned 4th Court, Additional District Judge, Alipore, granting probate of the Will of Dilip Kumar Bhattacharjee (since deceased) on 12th April, 2003 in O.S. No. 19 of 2009. Ashim Kumar Bhattacharjee filed an application under Section 276 of Indian Succession Act for grant of probate of the last Will and testament of his father Dilip Kumar Bhattacharjee (herein after referred to as the 'testator') contending, inter alia, that testator Dilip Kumar Bhattacharjee during his life time made a Will which was executed and registered on 20th November, 1992, whereby he bequeathed his properties upon his two sons Ashim Kumar Bhattacharjee, Biman Kumar Bhattacharjee and his daughter Soma Bhattacharjee, to the exclusion of his eldest son Deb Kumar Bhattacharjee, who died sometime in September, 2001. Smt. Moyna Bhattacharjee the widow of Deb Kumar Bhattacharjee, challenged the said testamentary disposition before the Court contending, inter alia, that the Will was not executed by Dilip Kumar Bhattacharjee on his free Will. Dilip Kumar Bhattacharjee during the life time of his first wife Kris