JUDGMENT :

Harish Tandon, J.

1. The scope of the instant appeal is sought to be enlarged at the behest of the rival parties to the proceedings taking various routs impinging upon the impugned judgment passed by the Court of Probate below. The instant appeal is filed at the behest of the propounder/executor to the Will challenging the order of the Court of Probate below by which an application for grant of probate is rejected. The notice of appeal in the instant appeal was directed to be effected upon the heirs of the testator who would inherit the assets covered in the said Will in the event the testator dies intestate and after the service have been effected upon them, they have appeared and the instant appeal is contested by the sons of the testator; whereas the daughters by filing an affidavit/application have disclosed their stand in favour of the Will.

2. The facts germane from the record would reveal that one holograph Will was made, executed and published on 30th January, 2010 by one Nabani Dhar Mazumdar who was an ordinary resident of Radhanagar Road, PO – Burnpur, PS. Hirapur, District- Burdwan. The said testator died on 17th May, 2014 in Calcutta and an application for proba