IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

ORIGINAL SIDE

Present:

The Hon’ble Justice Debangsu Basak

And

The Hon’ble Justice Md. Shabbar Rashidi

APO 335 of 2014

IA No. GA 4 of 2024 IA No. GA 5 of 2024

Swadesh Ghosh and Another

Vs.

Mrs. Lagnajita Saha and Others

For the appellants : Mr. Swarnendu Ghosh, Sr. Adv.

Mr. Surya Maity, Adv.

Ms. Suchismita Ghosh, Adv.

For the respondents : Mr. Suman Dutta, Sr. Adv.

Mr. Debmalya Ghosal, Adv.

Mr. Sourath Nath Dutta, Adv.

Ms. Abhipiya Sarkar, Adv.

Hearing concluded on : 10.11.2025 Judgment on : 10.12.2025

Md. Shabbar Rashidi, J.:-

1. The appeal is in assailment of judgment and order dated August 11, 2014 passed in GA No. 2705 of 2013 arising out of PLA No. 292 of

2012.

2. By the impugned judgment and order, the learned Single Judge revoked the probate granted on January 7, 2013 in respect of the last will of late Jibendra Nath Biswas by an order passed in PLA 292 of 2012. It was held in the impugned judgment and order that the respondent No. 1 herein had sufficient caveatable interest under Section 283 (1)(c) of the Indian Succession Act and directed issuance of special citation upon respondent No. 1 to enable her to contest the probate proceeding.

3.