JUDGMENT :

1. Heard the parties.

2. This miscellaneous appeal is directed against the judgment dated 19.05.2006, passed by the District Judge, Deoghar in Title (Probate) Suit No. 2 of 2005 whereby and where under the learned court below has not granted the Probate of the Will.

3. The case of the plaintiff-appellant in brief is that the testator – Dinabandhu Mitra executed an unregistered will on 17.08.2001 in favour of his son –Bikram Kumar Mitra, the defendant no.1. It is further the case of the plaintiff that Dinabandhu Mitra executed the said Will in his full sense and under sound state of mind. Dinabandhu Mitra died on 11.10.2002. The Will was executed by Dinabandhu Mitra in his own writing, in presence of the witnesses who put their signatures as attesting witnesses after the Will was signed by the testator- Dinabandhu Mitra and accordingly a prayer was made by the plaintiff was the executed under the Will, for grant of probate in favour of the defendant no.1 with respect to the Will executed by the testator –Dinabandhu Mitra. The defendant nos. 2, 4, 5, 8 & 9 filed their written statement contending therein that Dinabandhu Mitra, during his life time transferred the major por