JUDGMENT :

HARISH TANDON, J.

1. The application for probate filed by the appellant is dismissed by the Probate Court on 25th July, 2011 which is a subject matter of challenge in the instant appeal.

2. The probate relates to a Registered Will dated 13.07.1999 executed by one Durgabala Dasi bequeathing the property mentioned therein in favour of the beneficiaries named therein. The said testatrix appointed the appellant as executrix to the said Will who was obligated to take a probate of the same and act in terms of the wish and desire of the said testatrix. The said application for probate was filed before the District Delegate, Howrah which was registered as Probate case no. 143 of 2005 wherein the heirs and legal representatives who would otherwise inherit the estate of the said testatrix in case of intestacy were mentioned. After the service of the general and special citation, the caveat was lodged by the Respondent nos. 1 to 3 and an affidavit in support of the said caveat was also filed. Since the District Delegate has no jurisdiction and powers to decide the contested proceeding, it was relegated to the District Judge and ultimately was transferred to the 1st Additional District