In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Uday Kumar F.A. No. 133 of 2019 Mita Rani Basak @ Mita Rani Basack and others Vs.

Prabhat Kumar Basak For the appellants : Mrs. Sabita Mukherjee Roy Choudhury, Mr. Sanket Das, Ms. Sukriti Sengupta For the respondent : Mr. Probal Mukherjee, Ld. Sr. Adv., Mr. Suhrid Sur Heard on : 03.04.2025 Hearing concluded on : 10.04.2025 Judgment on : 22.04.2025 Sabyasachi Bhattacharyya, J.:-

1. The present first appeal has been preferred against the grant of probate in respect of the last Will and Testament of Late Harendra Chandra Bysack.

2. Learned counsel for the appellant argues that the Will was executed on January 20, 1988 and the testator died on September 7, 1996. However, the probate application was filed only in the year 2015, that is, 19 years after the demise of the testator. It is argued that, as such, the probate application is barred by limitation. Moreover, the substantial delay in filing the same gives rise to grave suspicious circumstances. The propounder, it is alleged, failed to dispel such suspicion and, as such, the learned Testamentar