JUDGMENT

Page, J. - This is an originating summons by the plaintiff, taken out by his mother as next friend, in which the plaintiff

claims to be interested in the relief sought as the sole residuary legatee

under the will and codicils of his grandfather Gopal Chandra Sinha, for the purpose of determining the title to the property moveable and immovable of the testator. The originating summons is in the following form:

Let the defendants Ashutosh Mukhorjee, Sadasiva Mitter and Khitindra Kumar Mitter, the executors of the said Gopal Chandra Sinha deceased, all of No. 9, Ghaulpati Lane, and the defendants Sashi Bhusan Sinha of No. 13-A, Teliparha Road, Khitish Chandra Sinha, since adjudged a lunatic, and Purna Chandra Sinha, the three sons of the said deceased, and the defendant Khoka Sinha, a minor grandson by son of the said deceased, and as such claiming or. having an interest in the latter's estate as a residuary legatee under his will and codicils, dated respectively 2nd March 1919, 2nd November 1920, and 3rd Chaitra 1330, B.S., corresponding to 16th March 1924, the last three of No. 26-A, Padmapukur Road, and the defendant deities Sree Sree Raj Rajeswar, Sree Sree Lakshmi Janardan T