IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE I.A. No. G.A. 8 of 2023 PLA No. 183 of 2009 IN THE GOODS OF:

Ashim Kumar Sircar, resident of 41/A, Golf Club Road, Calcutta – 700033 and lately residing at No. 8, H.L. Sarkar Road, Bansdroni Police Station, Rejent Park, Calcutta – 700 070 a Hindu Inhabitant, deceased Before: The Hon’ble Justice Apurba Sinha Ray For the Petitioner : Mr. Tapan Coomaar Dey, Adv.

Ms. Shreya Chatterjee, Adv.

Caveatrix in person : Ms. Shyamali Sircar (Ganguly)

CAV On : 28.04.2025

Judgment On : 19.05.2025

Apurba Sinha Ray, J. :-

1. The propounder Himangshu Swin has prayed for grant of

probate of the Last Will and Testament of the deceased Ashim Kumar

Sircar dated 17th August, 2000 in his favour as the sole executor. The

propounder has further submitted that Smt. Arati Sircar, who is the wife of the deceased did not give consent to the prayer for grant of probate and as such special citation and general citation were issued as per direction of the Hon’ble Court but the articles were returned with the remark ‘Not known’. The general citation was served by affixation. However, the Hon’ble Court allowed the prayer for substituted servi