JUDGMENT :

KRISHNA RAO, J.

1. The plaintiff has initially filed an application for grant of probate of the last Will and Testament of the deceased Jayabati Roy dated 16th October, 2001 being PLA No. 226 of 2011. On receipt of caveat and affidavit in support of caveat, from one Smt. Minati Roy, the application is converted to a Testamentary Suit No. 20 of 2015 (Shri Samarendra Narayan Roy vs. Minati Roy).

2. CASE OF THE PLAINTIFF:

(a) Smt. Jayabati Roy, since deceased during the life time had executed her last Will and Testament on 16th October, 2001 which is duly registered on 12th November, 2001 wherein the testatrix has appointed the plaintiff as sole executor of her last Will and Testament.

(b) The husband of the testatrix, namely, Sri Kshitindra Narain Roy died on 17th January, 1979, leaving behind the testatrix as his legal heir. The testatrix died on 21st December, 2010 and the testatrix was issueless. After the death of the testatrix, the plaintiff has filed the instant proceeding.

(c) As the testatrix and her husband died issueless, the details of the family members of the deceased mentioned in paragraph 8 of the plaint/ PLA application and none of the parties disputes about the