B.K. Sharma, J.

1. This appeal is directed against the judgment dated 24.5.2006 passed by the learned Additional District Judge (Court No. 2), West Tripura, Agartala in the Title Suit being T.S. (Probate) No. 01/1999 refusing to grant the Probate/Letters of Administration to the appellants in respect of the WILL in question.

PROCEEDING BEFORE THE TRIAL COURT

2. The appellant No. 1 filed the petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of the WILL dated 6.8.1997 executed by Late Bhupen Chandra Dutta Bhowmik. The petition was filed on 17.12.1997 and was registered and numbered as Case No. Misc. (Probate) 06/1997, later on renumbered as TS (Probate) 01/1999. On refusal of the executor named in the WILL to act as such and making it known by appearing before the Trial Court on 9.3.1999, the Trial Court by order dated 9.3.1999 allowed amendment of the petition so as to substitute the word "Probate" to that of "Letters of Administration" and accordingly the petition was treated to be a petition for grant of Letters of Administration in respect of the said WILL.

3. The appellants No. 2 and 3 got themselves impleaded in the proceeding as petitioner