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SOUMEN SEN, SMITA DAS DE
Prabir Roy in place of Sukti Sanyal (since deceased) – Appellant
Versus
Amit Kumar Roy – Respondent
JUDGMENT
Soumen Sen, J.—The true nature and purport of a document described as a Will of one Smt. Meghamala Roy (hereinafter referred to as a “testatrix’’) is the issue to be decided in this appeal. The appellant, Sukti Sanyal is the executrix of the last Will and testament of the testatrix. The appellant was appointed as one of the members of the Advisory Committee by the testatrix in the said Will. Prabir Roy was another member of the Advisory Committee.
2. In view of the death of Smt. Sukti Sanyal during the pendency of the appeal, Prabir Roy was substituted in her place by the order dated 2nd September 2024 rejecting the objection of the respondents inter alia on the following reasoning:—
“5. This Court has carefully considered the rival submissions advanced by the parties. This Court is of the clear and unequivocal view that the applicant Probir Roy before this Court is but a member of a proposed committee who was to act as an advisor to the Trust created by the settler/husband of the testatrix. The applicant before this Court is only coming on record to pursue the appeal to ensure that the interest of the beneficiary of the trust created by the husband of the testatrix is d
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