JUDGMENT :

RAJA BASU CHOWDHURY, J.

1. The present appeal has been preferred challenging the judgment dated 31st January, 2017 passed by the Additional District Judge, FTC-IV, Alipore, South 24-Parganas, in O.S. No. 01 of 2017, granting probate of the Will made and published by Uma Sankar Kejriwal, in a contentious cause.

2. Shorn of unnecessary details the facts leading to filing of the instant appeal are set out hereunder:

(i) The Uma Sankar Kejriwal (hereinafter referred to as the deceased) during his life time made and published a Will and appointed Om Prakash Kejriwal, as the sole executor of the said Will.

(ii) The said Uma Sankar died on 5th July, 1999 leaving behind and surviving the following natural heirs and representatives.

3. The said Om Prakash Kejriwal (hereinafter referred to as the propounder), having survived the deceased, filed an application for grant of probate of the aforesaid Will, claiming the same to be the last Will and testament of the deceased.

4. The said application was accompanied by an affidavit of assets affirmed by the propounder and an attesting witness’s affidavit affirmed by Uchhal Kumar Bhadra, stating that the deceased, in the presence of Mr. B.L. Vya