JUDGMENT

McNair, J. - This is an application by Srimati Bidyutlata Debi for an order that the caveat entered in the goods of Raj Krishna Mukherji, deceased, by Amulya, Kumar Mukherji, be discharged. On the 28th September, 1934, probate of the Will of the deceased was granted to the Petitioner by this Court. On the 12th December, 1934, the present caveator applied for a revocation of the grant, and for the Will to be set aside, or proved in his presence. That application was decided by me on the 21st January, 1935, and was dismissed. In that application Amulya contended that the grant should be revoked on the ground that it was obtained surreptitiously, that he knew nothing of his rights, nor of the fact that probate had been applied for. He alleged that the Will was forged, and he denied the contention which had been set up by the other side that he was deaf and dumb from birth. On that application I held on the facts presented to me in the affidavits that Amulya had, at the time when probate was applied for, a clear knowledge of his rights and a definite opinion that it was useless trying to oppose the grant of probate, and I dismissed his application.

2. On the same day there was a