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2024 Supreme(Cal) 646

SOUMEN SEN, UDAY KUMAR
Moni Mohan Paul – Appellant
Versus
Sovarani Paul – Respondent


Advocates Appeared:
For the Appellant : Mr. Sarajit Sen, Mr. Sambhu Nath Sardar.
For the Respondents: Mr. Rwitendra Banerjee, Mr. Dulal Ch. Sarkar, Mr. A. Mukherjee.

JUDGMENT :

Uday Kumar, J.

1. This appeal has been preferred against the judgment and order dated 30.04.2013 passed by Additional District Judge, 13th Court, South 24 Parganas at Alipore (in short, the Ld. Trial Court) in Revocation Case Number 153 of 2005.

2. The facts of this appeal enumerate that testator Durgapada Paul died on 3rd November, 1988, leaving behind his wife Radha Rani Paul, son Moni Mohan Paul and five daughters namely Sova Rani Paul, Biva Rani Paul, Niva Rani Paul, Mina Rani Paul, Monju Rani Paul and relatives as his natural heirs and legal representatives. On 31.04.1990, about two years after his death, the appellant filed an application U/S 264 of the Indian Succession Act 1925 (herein after referred as, the Act) before Civil Judge (Senior Division) 10th Court Cum District Delegate, South 24 Parganas at Alipore (herein after referred as, the Probate Court), for grant of probate to an unregistered Will, claimed to have been executed by Durgapada Paul on 21.11.1984. Ld. Probate Court has granted probate on 26th April 2004 in Act XXXIX (Probate) Case No. 148 of 1990 (in short, the probate case). Based on the said order, the appellant prayed for mutation of his name aga

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