1. The present first appeal has been filed against a judgment and decree granting probate in favour of Shri Partha Das alias Chandan Das, the propounder of the last Will and Testament of Smt. Sribani Das alias Sibani Das. The challenge has been preferred by Smt. Ratna Das, the daughter of the testatrix. The husband of the testatrix predeceased her and the testatrix left behind as heirs one son (the original respondent) and daughter (the appellant). The beneficiary and the Executor of the Will was the original respondent - son. The respondent having expired during pendency of the appeal, his heirs and legal representatives have been substituted as respondents.

2. Learned counsel for the appellant argues that the execution of the Will is by suspicious circumstances. One of the attesting witnesses and the scribe of the Will did not depose to prove the execution of the Will. The Will was also found from the possession of the propounder. There is no whisper in the Will about the existence of the daughter of the testatrix and / or any justification for depriving her from the bequest.

3. It is argued that although the testatrix was illiterate, the Will does not contain any statement as to t