JUDGMENT :

(Rajasekhar Mantha, J.) :

1. The appeal is directed against a judgement and order dated 13th July, 2012 passed by the learned Fourth Bench of the City Civil Court at Calcutta in O. C. No. 20 of 2006.

2. Originally an application under Section 278 of the Indian Succession Act, 1925 for Letters of Administration to the Estate of Late Prasadmoni Dasi was filed by Parul Bala Mallick and Juthika Pal the respondent herein. The said case was numbered as L. A. Case No. 21 of 2005.

3. On an objection being raised by Shri Bejon Behari Dhar, the appellant herein, alleging that Prasadmoni Dasi had executed her last will and testament on 12.12.2002, superseding the earlier will dated 20.11.1965.

4. L A Case No. 21 of 2005 was converted and registered as a suit being O. C. Case No. 20 of 2006. The application under Section 278 was treated as a plaint and the written objection was treated as a written statement by the trial Court’s order dated 7th June, 2006.

5. The facts of the case are that Prasadmoni Dasi was a widow of late Kamala Kanta Dhar. She died on 27th July, 2004 at Premises No. 3A, Rup Chand Roy Street, P.S.-Barabazar, Kolkata-700007, West Bengal.

6. The Respondents/Applicant