JUDGMENT :

Soumen Sen, J.

1. The appeal is directed against the judgment passed by the learned Additional District Judge, 5th Court, Burdwan, in connection with an application for grant of probate of the Will claimed to be the last Will and testament of one Prabal Ranjan Kar since deceased.

2. The probate was contested by the elder sister of the testator. The learned Trial Judge refused to grant probate inter alia, on the ground that the propounder has failed to prove that the testator executed the alleged Will on his own accord and volition and he was physically and mentally capable of executing such Will at the material point of time.

3. In short, failure to remove suspicious circumstances surrounding the execution of the Will, has persuaded the learned Trial Judge in refusing to grant probate.

4. Here is an unprivileged Will of one Prabal Ranjan Kar who it is said to have drafted a Will in his own handwriting and carried it to one Shyamalendu Goswami a typist in court premises of Burdwan District Court to type out the said Will presumably on 6th February, 2009 near about 4 months before his death. He died at the age of 68. He was admitted to a nursing home in and around June 13, 2009