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2023 Supreme(Cal) 1677

IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, SUPRATIM BHATTACHARYA
Radha Raman Singha – Appellant
Versus
Manju Rani Singha – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Sutapa Sanyal, Mr. Subhajit Dan, Mr. Gour Baran Sau
For the Respondents: Mr. Sobhendu Sekhar Roy, Mr. Argha Banerjee, Mr. Amarendra Chakraborty

Table of Content
1. introduction to the case and the key facts surrounding the dispute over the will. (Para 1 , 2 , 5)
2. arguments presented by both parties concerning the validity of the will. (Para 6 , 7)
3. court observations highlighting issues of credibility and circumstantial evidence regarding the will. (Para 10 , 11 , 12 , 13 , 15 , 17)
4. court's rationale for upholding trial court's dismissal of the probate application. (Para 18 , 19)
5. final conclusion and dismissal of the appeal. (Para 20)

JUDGMENT :

SUPRATIM BHATTACHARYA, J.

1. The instant appeal arises out of the Judgement and Decree passed by the Ld. Additional District Judge, 2nd Court Malda in OC Suit No. 3/2006 (Probate case), dated the 11th day of June 2010, wherein the said Ld. Judge has been pleased to dismiss the suit on contest against Ranjurani Singha and Chabi Singha without cost and dismiss ex-parte against Manjurani Singha and Smt. Chandana Singha without cost. The Ld. Judge has been pleased to come to the conclusion that the petitioners have not been able to prove that the testatrix had independent advice and was physically fit mentally alert at the time of execution of the ‘Will’. The Ld. Judge has come to th

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