JUDGMENT :

(Apurba Sinha Ray, J.) :

1. The suit has a chequerd history.

2. On January 21, 1957 one Makhan Rani Dutta being a widow and issueless, executed an unregistered Will. On April 1, 1957, the said Makhan Rani Dutta died. On March 3, 1960 Baidyanath Dutta and Chandranath Dutta, being the Joint executors under the said Will, made an application for granting probate before the Learned District Delegate, 24 Parganas at Alipore, which was numbered as Probate Case No. 14 of 1960.

3. After service of citation upon the relatives of the deceased, Amulyanath Dutta, Biswanath Dutta and Sachindranath Dutta jointly lodged caveat challenging the prayer for grant of probate before the District Delegate, 24 parganas at Alipur and filed affidavit in support of such caveat. Another relative, Satyendranath Dutta also filed separate caveat along with supporting affidavit. As the matter became contentious, proceedings were transferred to the Learned Court of District Judge, 24 Parganas for adjudication.

4. However, on 6th July, 1961 a notice of motion was taken out by the joint executors under clause XXIIA of Letters Patent for transferring the said case from the Learned Court of District Judge, 2