I.A. Ansari, J.

1. This appeal has arisen out of judgment and decree, dated 17.9.1994, passed by the learned District Judge, Nagaon, in Title Suit No. 04 of 1992, whereby the plaintiff's suit was dismissed on contest with costs.

2. In a nutshell, the case of the plaintiff appellants reads as follows :

On 18.2.1931, Ambikeswar Phukan, a mauzadar, executed a will (Ext. 2) bequeathing his properties mentioned in the will to Smt. Labanya Prava Gogol, who was also named as executor of the will. The testator, namely, Ambikeswar Phukan died as far back as on 22.10.1933. The executor, namely, Smt. Labanya Prava Gogoi filed an application seeking probate of the will as late as on 30.7.73, i.e., after 40 years of the death of the testator. This application was, in course of time, registered as Misc. (Probate) Case No. 10/1973. This application was renumbered as T.S. 10/73 and the same was contested by the respondents. During pendency of the said suit, the executor aforementioned died. The suit, was accordingly dismissed by order, dated 25.7.1978. Long 13 years thereafter, the predecessor-in-interest of the present appellants, namely, Suresh Gogoi, who was the only heir of deceased Smt.