Judgment :

Arijit Banerjee, J.

1. This appeal is directed against a judgment and order dated January 16, 2025, passed in PLA 115 of 2023, being an application filed by the executor named in the last will and testament left behind by Prabir Chandra Sen who passed away on May 2,2020, seeking probate in respect of the said will.

2. The operative portion of the impugned judgement and order reads as follows:-

“21. In the aforesaid facts and circumstances, I hold that provisions of Section 283 (3) is mandatory in nature and is required to be complied with in the same manner as indicated in (3) of the Indian Succession Act, 1925 in case where this Court is exercising concurrent jurisdiction under Section 300 of the 1925 Act.

22. Thus, the petitioner is directed to comply with the requirements of Section 283 (3) of the Indian Succession Act, 1925.”

3. Being aggrieved, the applicant for probate has come up with this appeal.

4. Learned Senior Advocate appearing for the appellant submitted that while coming to the conclusion that the provisions of Section 283 (3) of the Indian Succession Act, 1925, are mandatory, the learned Single Judge has made various observations about other provisions of l