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2026 Supreme(Cal) 165

IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
In The Goods Of: Girindra Kishore Pal Choudhury (Dec) -And- Smt. Ranjusree Pal – Appellant
Versus
Suparna Pal Chowdhury – Respondent


Advocates Appeared:
For the Appellant : Mr. A.C. Kar, Sr. Adv. Ms. Sarmila Das, Adv.

JUDGMENT :

MD. SHABBAR RASHIDI, J.

1. The instant appeal is directed against the judgment and decree passed on April 3, 2025 in TS/26/2018.

2. By the impugned judgment and decree, the learned Trial Judge has dismissed an application for grant of letter of administration.

3. It is submitted by the learned advocate for the appellant that, the learned Trial Court failed to appreciate the true perspective of the law governing the grant of probate and letters of administration. Learned advocate for the appellant also submits that, the Will in question was duly proved at the trial and learned Trial Judge ought to have granted letters of administration as sought. Learned advocate for the appellant also submitted that the Will in question was duly proved in terms of the provisions under Section 67 read with Section 71 of the Indian Evidence Act. Therefore, learned Trial Judge was not justified in dismissing the suit.

4. It is further submitted by the learned advocate for the appellant that once a document is admitted in evidence in a suit or a proceeding, it has to be given due credence at the time of judgment. Learned Trial Judge erred in dismissing the suit and refusing the grant of letters o

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