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WILKINS, BANERJEE
Hem Chunder Lahiri – Appellant
Versus
Kunjo Behari Gossami – Respondent
JUDGMENT
Banerjee and Wilkins, JJ. - This appeal arises out of an application by the respondent, Hem Chunder Lahiri, for probate of the will of the late Jibun Kristo Gossami, uncle of the petitioner's wife's father, by which the petitioner and his wife have been appointed executors.
2. The will propounded by the petitioner is dated the 20th September 1895, that is, about six months before the death of the testator. The application for probate was opposed by the appellants, Kunjo Behari and Debendernath Gossami, two of the nephews of the testator, mainly on the grounds that the testator-was not of sound disposing mind at the time the will propounded is alleged to have been executed, and that he was completely under the influence of the petitioner and his wife; and that the execution of the will should be held to have been brought about by coercion and undue influence.
3. The case was transferred by the District Judge, in whose Court it had been instituted, to the Court of the Subordinate Judge under the provisions; of Section 23, Sub-section 2, Clause (d) of Act XII of 1887. Upon the case being so transferred, an objection was taken on behalf of the defendants to the jurisdiction of th
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