JUDGMENT

Arijit Banerjee, J.—This is a curious tale of two Wills. One is dated August 30, 1988 (hereinafter referred to as the ‘First Will’). The other is dated August 31, 1988 (hereinafter referred to as the ‘Second Will’). Both are said to be Wills executed by Saroj Kumar Chatterjee (in short ‘Saroj’) who died on September 03, 1988. The First Will was admitted to probate at the instance of one Sabitri Chatterjee (who was named as the sole executrix in the First Will), by this Court by an order dated December 11, 1997.

2. The executors of the Second Will filed the present probate application on November 05, 1990 which was earlier than the date of filing of the probate application in support of the First Will, i.e., June 19, 1991. Upon becoming aware that the First Will had been probated by this Court by order dated December 11, 1997, one of the executors of the Second Will (the other executor having died) applied on January 27, 1998, for revocation of probate that had been granted in respect of the First Will. By a judgment and order dated July 27, 1998 (reported at 1999 (2) CLJ 272) the Learned Single Judge dismissed the revocation application by observing inter alia, as follows: