JUDGMENT :

Soumen Sen, J.

1. The Will of Sabitri Prabha Das is the subject matter of challenge in this probate proceeding. She bequeathed the property in favour of Mina Das and Swarup Das, wife and son of Dipak Kumar Das by a registered Will.

2. During the pendency of the appeal Mina Das died and she was substituted by her married daughter Mahua Dutta.

3. Aroti Das, Bidyut Das and Prasanta Das, wife and two sons of late Manoranjan Das filed an affidavit in support of the caveat upon being aware of the pendency of the probate proceeding duly notified and published in the newspaper.

4. The probate case was accordingly, marked as a contentious cause.

5. During the Pendency of the appeal Aroti Das died and she was substituted by her married daughter Tapati Patra.

6. The beneficiaries of the Will and the caveators are all related to Sabitri from her husband’s side.

7. Mr. Subir Sanyal learned Counsel representing on behalf of the respondents has submitted that the Will is not proved in accordance with law.

8. It is submitted that the alleged Will mentions the name of one Dipak Kumar Biswas as an attesting witness. Although Mr. Das has filed an affidavit-in-Chief but he did not appear during tria