JUDGMENT

C.C. Ghose, C.J. - The facts involved in this appeal, shortly stated, are as follows: One Pasupathi Nath Mukerjee, a wealthy Hindu inhabitant of Calcutta, died on May 9, 1919, possessed of considerable movable and immovable properties and leaving a will executed by him on the said May 9, 1919. The Administrator-General of Bengal was appointed executor under the will. He applied for probate of the said will to this Court on its Original Side and a caveat was entered by the widow of the testator Srimutti Parijat Debi. The application for Probate was set down to be heard as a contentious cause and it was numbered as suit No. 13 of 1920. A period of nearly eight years was taken to obtain evidence on commission of various witnesses on both sides. The suit came on for hearing before Costello, J., some time in 1928, and after the hearing had gone on for 11 days, the parties beneficially interested in the testator's estate came to a settlement whereby the caveat was discharged and probate of the said will was granted to the Administrator-General of Bengal and it was ordered that the settlement or agreement arrived at between the parties, which related to the division of the testato