JUDGMENT

B.P. Singh, J.—This appeal, by special leave, is directed against the judgment and order of the High Court of Judicature at Calcutta in C.O. No. 197 of 2002 whereby the High Court while disposing of the revision preferred by the appellant herein directed that the suit shall not proceed till such time as the Will said to have been executed by Avarani Bose was not probated.

2. The facts relevant for the disposal of this appeal as stated by the appellant are as follows:-

2.1) Late Avarani Boas was the owner of the suit property. The said Avarani Bose executed a registered sale deed in her favour on 23.12.1994 in respect of the suit property. The appellant resides in the first floor.

2.2.) The said Avarani Bose filed Title Suit No. 10 of 1995 in the Court of Civil Judge, (Sr. Division), 8th Court, Alipore for declaration of title in respect of the suit property and for recovery of possession and injunction with respect to first floor of the suit property claiming that she had never sold the suit property to the appellant. The appellant, who was defendant No.1 in the suit, controverted the allegations in the plaint and asserted that the property was in fact sold to her by the said