JUDGMENT

Banerjee, J. - This is an application under cl. 13 of the Letters Patent for transfer of a suit to this Court. The suit is now pending in the District Court of Alipore. It is a contested probate proceeding and is numbered O. S. No. 44 of 1948. The Rule was obtained from Majumdar, J., on August 2, 1948. By that Rule the Plaintiff has been called upon to show cause why the said probate case should not be removed to this Court to be tried and determined in this Court in the exercise of its Extraordinary Original Civil Jurisdiction. The Rule is now before me for final disposal.

2. The facts relating to the application are shortly these: Barendra Nath Mitter died on or about February 27, 1948. He was a wealthy man and possessed of considerable property, movable and immovable, situated partly within and partly outside the Ordinary Original Civil Jurisdiction of this Court.

3. He left surviving him a widow Haribhabini, a son Sudhirendra and three grandsons, Arunendra, Atinendra and Asokendra by a predeceased son Saratendra.

4. Sudhirendra is the Plaintiff in the said probate case, O. S. No. 44 of 1948. Arunendra, Atinendra, Asokendra and Haribhabini are the Defendants.

5. The Petition