Amitava Roy, J.

1. This appeal under Section 299 of the Indian Succession Act, 1925 ('the Act') registers a challenge to the judgment and order dated 18.7. 2006 passed by the learned Additional District Judge, Kamrup in P.T.S. Case No. 6/1993 rejecting an application under Section 276 of the Act filed by the present Appellant praying for probate of the Will dated 2.3.1959 claimed to be executed by Late Pradip Kr. Talukdar.

2. I have heard Mr. M. Khataniar, learned Counsel for the Appellant and Mr. S.J. Sharma, learned Counsel for the Respondents.

3. The Appellant by her application before the learned court below had averred that the testator, her son, had on 2.3.1989 executed his last Will and testament in respect of the property mentioned therein in which Sri Paresh Ch. Raimadhi, advocate, Guwahati and Sri Dilip Kalita, Vill Khudra Dadhi P.O. Garua, District Kamrup, Assam were the attesting witnesses. She stated that her son committed suicide on 27.5.1991 at 4.45 P.M. at his residence. It was alleged therein that the deceased though married to the Respondent No. 1, was not happy in his marital life in view of the continuous cruelty meted out by her and thus apprehending that