R.K. Bag, J.

The parties to the suit have been pursuing litigation's for more than half century to establish their rights in the property bequeathed by their predecessor-in-interest, Shyamal Kishore Adhya. The Official Trustee of Bengal filed an application in the High Court at Calcutta for grant of probate of the will of Shyamal Kishore Adhya, which became contentious when grant of probate was opposed by his son, Baidyanath Adhya and the application for grant of probate was converted to Testamentary Suit No.21 of 1937. The said Testamentary Suit was decreed on consent in accordance with the terms of settlement, which were made part of the decree dated April 6, 1950. The clause 5 of terms of settlement lays down that the properties mentioned in Schedule "A" of the Will will devolve upon the natural born son of Baidyanath Adhya. Baidyanath Adhya instituted Suit No.1242 of 1952 challenging the consent decree dated April 6, 1950 passed in Testamentary Suit No.21 of 1937 and during the pendency of the said suit a male child of Baidyanath was born on October 31, 1952, who was named as Panchanan Adhya. As a result, Baidyanath Adhya did not proceed with the hearing of Suit No.124