1. This appeal under section 299 of the Indian Succession Act, 1925 has been preferred challenging the probate granted by the learned Additional District Judge, Cachar, Silchar in Testamentary Suit No. 26 of 1988 by the impugned judgment dated 14.10.1999.

2. Three legal heirs of Late Dilip Ranjan Dhar filed an application under section 276 of the Indian Succession Act before the learned Additional District Judge, Cachar at Silchar on 6.1.1988 leading to registration of Misc. (Probat) Case No. 8 of 1988. Of course in the petition, deceased Dilip Ranjan Dhar was shown as petitioner No.1. In the application, the name of near relation of the testatrix were mentioned at para 9 as Sri Sankar Dhar Son of Late Dhirendra Dhar, Sri Nantu Dey, Son of Late Nagendra Ch. Deb and Smt. Babul Bala Deb, widow of Late Kiran Deb. It was stated in the application that Prabashini Dey who was the wife of Late Sachindra Mohan Dey had executed a registered Will on 16.11.1967 bequeathing all her properties in favour of her brother Dilip Ranjan Dhar. This beneficiary of the Will pre-deceased the testatrix. Subsequently, on 23.5.1982, the testatrix also died issueless. About six years after her death, the appl

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