S. Talapatra, J.

1. This appeal filed under Section 299 of the Indian Succession Act, 1925 is directed against the judgment and order dated 21.12.2001 passed by the Additional Sessions Judge, West Tripura, Agartala in case No. Misc. (Probate) 01 of 1992 whereby the prayer for grant of probate of the Will or the last testament as executed by Jatindra Kr. Chakraborty, since deceased (Exbt. 1 series) has been rejected. The appellant instituted a petition being Misc. (Probate) 01 of 1992 under Section 276 of Indian Succession Act, 1925 of the Will for grant of probate claimed to have executed by the testator namely Jatindra Kr. Chakraborty on 20.05.1976 bequeathing the properties as described in the schedule appended to the petition to the respondent No. 7. The appellant instituted the said testamentary proceeding in the capacity of the executor. The petition was indisputably instituted after 15 years from the death of the testator. There is no dispute that the executor died on 28.06.1977 and the testamentary proceeding was instituted on 16.03.1992. The said testator was survived by three sons namely Sudhir Kr. Chakraborty (respondent No. 7), Samir Chakraborty (respondent No. 1)