BAHARUL ISLAM, J.:- This is an appeal under Clause 15 of the Letters Patent from the judgment of a learned Single Judge of this Court and arises out of a probate case.

2. Lakheswar Nath, respondent No. 1 herein, filed an application under Section 270 of the Indian Succession Act (hereinafter called the Act), before the District Judge, Dhubri, for the probate of a will alleged to have been executed by one Purnima Bala Devi, who died on 21-7-69. In the application he mentioned the names of appellants 1, 2 and 3 and respondents 2, 3, 4, 5, 6 and 7 and one Jikafuli Devi as the relatives left by the deceased Purnima Bala Devi. In the application he mentioned that he had been appointed by the testarix the executor of the will.

3. The appellants filed objections. Their material objections were to the effect that at the relevant time the executrix "had no testamentary and mental capacity, she had no disposing mind, she had no mental power requisite for a valid disposition of property, she was in extreme suffering due to serious illness and extreme old age". It was averred that the will was the result of collusion and fraud perpetrated by the applicant and the legatee, Haranath. It w