JUDGMENT

Ameer Ali, J. - On the 8th of May 1899 Prosonnomoyi Dasi applied for probate in respect of the will of a Hindu lady name Bhuggobutty, There were various proceedings anterior to that application, but it is not necessary to refer to them for the purposes of the present judgment It is enough to state that upon Prosonnomoyi applying, as aforesaid, two persons named Adhore Chunder Dutt and Gopal Chunder Dutt entered a caveator against the grant of probate.

2. The case was, accordingly, set down as a contentious cause and came on for hearing on the 8th of February last. The trial lasted over a considerable number of days, and the propounder's witnesses were cross-examined at enormous length, no detail was left unquestioned, and every single matter open to attack or criticism was subjected to a searching cross-examination.

3. On the 23rd of February Akhoy Kumar Mitter, attorney for the caveator, Gopal Chunder Dutt (his brother Adhore having died previously), was examined, and his cross-examination had proceeded to a certain extent when the case was adjourned.

4. Before his evidence had commenced Mr. Mitter, who was leading Mr. Chaudri, stated that was his last witness, and that, save