O-90 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION IA No. GA/2/2025 In TS No. 25 of 2023 IN THE GOODS OF:

DR. BASUDEV BANERJEE, DECEASED AND SHILADITYA CHATTERJEE VERSUS NILOTPAL GANGULI BEFORE:

The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 4th August, 2025 Appearance:

Mr. Altamash Alim, Adv.

Mr. P.P. Mukhopadhyay, Adv.

Mr. Sudipta Mandal, Adv.

For the plaintiff/petitioner. Mr. Sarosij Dasgupta, Adv.

Mr. Lutful Haque, Adv.

Ms. T. Khatun, Adv.

For the Applicant in TS No. 25 of 2023.

The Court:- Affidavit-in-reply filed in Court today is taken on record.

This is an application made by Bijay Jha who claims to be the executor under a Will said to have been left behind by Dr. Basudev Banerjee, the deceased on 10th March, 2021. The applicant has also filed an application for grant of probate of the said Will by filing an application being PLA No. No. 401 of 2021. The applicant says that there appears to be two further alleged Wills said to have been left behind by the above named deceased.

One of the said Wills is dated 17th April, 2018. The application for grant of probate for which has been numbered as PLA No. 356 of 2022. This application has now been declared as contentious cause and has been numbered as Testamentary Suit (TS) No. 25 of 2023. The other Will said to have been left behind by the above named deceased is dated 11th September, 2016. An application for grant of probate of the said Will dated 11th September, 2016 has been made which has been numbered as PLA No. 404 of 2022. The said application has also become contentious and is now numbered as TS No.

25 of 2023.

The applicant says that being an executor to a Will left behind by the above named deceased, the applicant has a caveatable interest since the applicant is entitled to have the other Wills claimed to have been left behind by the deceased to be proved in his presence.

In 2017(14) SCC 285 (Saroj Agarwalla vs. Yasheel Jain) the Hon’ble Supreme Court has held that where claim as to grant of probate prejudices any persons right by virtue of defecting some other line of succession in terms whereof the said person as a caveator assets his/her right gives a caveatable interest with respect to that probate. The probate to any of the other two wills referred to hereinabove will prejudice the right by virtue of … the line of succession claimed in T.S. 25 of 2023. The executor, therefor, has a caveatable interest. This judgment has approved the view taken by the Hon’ble Supreme Court in 2008 (4) SCC 300 (Krishna Kumar Birla v. Rajendra Singh Lodha).

In the aforesaid facts and circumstances, the applicant has a caveatabele interest and is permitted to file a caveat in respect of grant of probate of the Will dated 17th April, 2018 which is the subject matter of PLA No. 356 of 2022 presently numbered as TS No. 25 of 2023 by 12th August, 2025. Affidavit in support of caveat shall be filed by 22nd August, 2025.

Nothing further remains to be adjudicated in this application.

The application is, accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

snn.