P.K. Musahary, J.

1. Heard Mr. B. D. Deka, learned counsel for the appellant(s) and also heard Mr. N. Hoque, learned counsel for the sole respondent/opp. Party.

2. The present appellants are the legal heirs of Late Ram Sundar Prasad Verma, who filed an application before the learned District Judge at Dibrugarh under Section 276 of the Indian Succession Act, 1925 for granting probate to the estate of Late Jugal Kishore Verma, which was made over to Addl. District & SessionsJudge, Dibrugarh and registered as T. S. (P) No. 32 of 1998 for disposal. The sole respondent being the wife of the deceased Jugal Kishore Verma contested the said proceeding by filing objection/written statement and the said suit was dismissed on contest with cost of Rs. 20, 000/- vide judgment and order dated 09.07.2001, which is now under challenge in the present appeal.

3. To appreciate the real question involved in the case, the relevant facts need to be narrated. The appellant/petitioner's son Jugal Kishore Verma, who was a contractor by profession died on 19.09.1995 at the age of 32 years leaving behind his wife (sole respondent), present appellants and other brothers and sisters. He married respondent