1. Heard Mr. S.K. Barkataki, learned counsel for the appellant. None appears on call for the respondent.

2. By this testamentary appeal under section 299 of the Succession Act, 1925, the appellant has assailed judgment dated 13.12.2005, passed by the learned District Judge, Nagaon in Misc. T.S. (P) No. 24/2004, thereby granting probate of the last Will and testament dated 23.9.2001 of late Bhubaneswar Barua @ Bapi Barua, who died on 14.10.2001.

3. The propounder of the Will is Smt. Putuli Baruah, wife of the testator, who was also appointed as the sole executor of the said will. At the time of his death, the testator had left behind the following relatives, viz., (1) Sri Tapan Kumar Barua, son of late Lakhi Kanta Barua, (2) Smt. Monima Barua, wife of late Jagannath Barua, (3) Sri Malay Barua, son of late Jagarmath Barua, (4) Sri Mrinmoy Barua, son of late Jagannath Barua, (5) Smt. Boby Barua, daughter of late Jagannath Barua.

4. The propounder of the Will had filed a petition for grant of probate, which was registered as Misc. (Probate) Case No. 139/2002. Upon finding that as there was no objection, the learned District Judge, Nagaon, granted probate by order dated 5.4.2003.