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2019 Supreme(Gau) 1149

KALYAN RAI SURANA
Lohit Kakoti – Appellant
Versus
Puspa Bora – Respondent


Advocates Appeared:
For the Appellant : Mrs. T. Goswami

JUDGMENT :

1. Heard Mrs. T. Goswami, the learned counsel for the appellant. None appears for the respondent Nos. 1, 3, 7 and 9 although notice had been duly served. None appears on call for the respondent Nos. 4 and 5, who had refused to accept notice of this appeal. Moreover, as per order dated 21.2.2018, the name of respondent Nos. 2 and 6 were struck off on the prayer made by the learned counsel for the appellant and that the appeal was held to have abated as against respondent No. 8. By order dated 20.8.2018, the name of respondent No. 10 was struck off on the prayer made by the learned counsel for the Appellant.

2. By this appeal under section 299 of the Succession Act, 1925 the appellant has assailed the judgment and order dated 5.6.2016 passed by the learned District Judge, Sivasagar in Misc. (Probate) Case No. 63/2000, thereby dismissing the application for probate in respect of the last Will and testament of late Smt. Sarumai Kakoti, the testator. The appellant is the propounder of the last Will and testament of late Smt. Sarumai Kakoti.

3. The case of the petitioner in the probate petition filed under section 276 of the Succession Act, 1925 was that by an unregistered Will d

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