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SAHIDULLAH MUNSHI
In the Goods of: Reba Mitra and Sharad Subramanyan – Appellant
Versus
Soumi Majumdar – Respondent


Counsel for the Parties:
For the Plaintiff:Mr. Probal Mukherjee, Mr. Prasun Kumar Dutta, Mr. A. Mitra, Mr. Amit Agarwalla, Ms. Mousumi Singha, Mr. Joy Saha, Mr. Nilay Sengupta, Mr. D. Bhattacharyya, Ms. Swati Agarwal and Ms. Sayanti Nandi, Advocates.

JUDGMENT

Sahidullah Munshi, J.—This suit arises out of P.L.A. 325 of 2001 filed by the executors of the alleged last Will and Testament of the deceased seeking grant of probate of the said Will executed by the deceased on 21st October, 1992 and Codicil to the said Will executed on 21st June, 1998 to leave granted by this Hon’ble Court vide its order dated 14th May, 2013, caveat was permitted to be filed and in support of such caveat affidavit was also filed by the defendants Soumi Majumder and Shantanu Bose on 26th July, 2013, as a result of which the probate application became contentious and P.L.A. 325 of 2001 has been converted into Testamentary Suit. Probate application (now converted into plaint) disclosed that the deceased Reba Mitra, a Hindu governed by the Dayavaga School of Hindu Law, died testate on 27th November, 1998 leaving behind a Will dated 21st October, 1992 being her last Will and Testament in English language and character. The said Will was registered with the Registrar of Assurances, Calcutta on 21st October, 1992. The deceased also executed a Codicil of the

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