JUDGMENT :

APURBA SINHA RAY, J.

1. The applicant, Michael Soumen Ghosh filed the instant petition praying for revocation of the Probate of the Will granted in favour of the respondents on 12.10.2023 on the grounds that inspite of being a biological son of the testator, Satyabrata Ghosh, he was never cited in the proceedings and the propounder/executor was able to obtain the Probate of the relevant Will as a “non-contentious” matter.

2. Admittedly, the applicant was born in the year 1956 when his mother was a legally wedded wife of one Sudhindra Narayan Roy, but according to his mother, Phyllis Irene Roy, he was fathered by the testator, Satyabrata Ghosh who was a good friend of Mr. Roy as aforesaid. Subsequently, the mother of the applicant married the testator Satyabrata Ghosh in or about 1964. However, during his birth as his mother was the wife of Mr. Roy, the birth certificate of the applicant contained the name of Mr. Sudhindra Narayan Roy, as his father but which was actually not true and correct.

3. The applicant being the biological son of the testator has caveatable interest in the estate of the deceased and as such he is entitled to be cited in the proceeding of Probate of Wi