P.K. Musahary, J.:-

Heard Mr. B. D. Deka, learned counsel for the appellant(s) and also heard Mr. N. Hoque, learned counsel for the sole respon-dent/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 & Sessions Judge, 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 repondent

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