JUDGMENT :

Sugato Majumdar, J.

1. The instant application is filed praying for grant of probate of the last will and testament dated 24th December 1987, of the testator Akhilesh Sinha, since deceased.

2. The testator, prior to his death, was resident of FD-347, Salt Lake City, Kolkata – 700091. He executed his last will and testament on 24th December, 1987 in English language and character limited to the property mentioned therein. The testator appointed Sri Sant Agarwal and failing him Sri Mahabir Prasad Agarwal as executor of the Will. The testator, at the time of death, left behind his widow, two daughters and one son. The Will was attested by two witnesses. A declaration of one of the attesting witnesses is annexed to the prresent application for probate. Affidavit of assets is also filed along with the application.

3. After filing of the application, citations were issued to the near relatives of the testator. The answering Defendant being the son of the testator contested the probate application. In the affidavit in support of caveat, which is treated as a written statement, execution of the Will is seriously challenged. Contentions of the answering Defendant are that firstly, th