JUDGMENT :

Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioner and Mr. D Kalita, the learned counsel appearing on behalf of the respondent.

2. This is an application under Article 227 of the Constitution challenging the legality and validity of the order dated 02.05.2023 passed by the learned District Judge, Tinsukia in Misc.(J) Case No.04/2023 whereby the application for condonation of delay of 1443 days was allowed.

3. Mr. S Chamaria, the learned counsel appearing on behalf of the petitioner drawing the attention of this Court to the application so filed under Section 5 of the Limitation Act 1963 (for short, the Act of 1963) by the respondent herein submitted that the said application is completely vague and does not explain as to why it has taken seven years for the purpose of filing the application seeking grant of probate. He further submits that there is nothing mentioned in the application as to from what reliable source, the respondent herein had got the information that his mother had executed a registered will. He submits that the said will on the face of it appears to be suspicious. The learned counsel by referring to the impugned order of the