IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT/139/2025 WITH PLA/115/2023 IA NO: GA/1/2025 IN THE GOODS OF:

PRABIR CHANDRA SEN, DECEASED -AND-

IN THE MATTER OF:

DHRUBA GHOSH… APPELLANT BEFORE:

The Hon'ble JUSTICE ARIJIT BANERJEE AND The Hon'ble JUSTICE OM NARAYAN RAI For the appellant : Mr. Jayanta Kumar Mitra, Sr. Adv.

Mr. Soumyajit Ghosh, Adv.

Ms. Ajeyaa Choudhury, Adv.

Mr. Asoke Basu, Adv. Mr. Dipto Ghosh, Adv.

For the appellant : Mr. Sanjiv Kr. Trivedi, Adv.

Mr. Sarvapriya Mukherjee, Adv.

Ms. Iram Hassan, Adv.

Mr. Sanket Sarawgi, Adv. Ms. Yukta Agarwal, Adv.

Judgment on : 22.09.2025 Arijit Banerjee, J.: -

1. This appeal is directed against a judgment and order dated January 16, 2025, passed in PLA 115 of 2023, being an application filed by the executor named in the last will and testament left behind by Prabir Chandra Sen who passed away on May 2,2020, seeking probate in respect of the said will.

2. The operative portion of the impugned judgement and order reads as follows:-

“21. In the aforesaid facts and circumstances, I hold that provisions of Section 283(3) is mandatory in nature and is required to be complied with in the same manner as indicated in Section