ORDER :

Soumen Sen, J.

1. The appeal is arising out of a judgment and decree dated 20th September, 2006 passed in O.C. Suit No. 1 of 2002.

2. The appellant is aggrieved by the judgment passed by the learned Trial Judge in refusing to grant probate of the Will dated 23rd January, 1969 executed by one Basanta Kumari Ghosh, since deceased.

3. Briefly stated, Basanta Kumari Ghosh executed a Will on 23rd June, 1965 appointing Brojendra Nath Roy Chowdhury as sole executor of the Will. The executor is also the beneficiary of the assets of the testatrix. Basanta Kumari Ghosh died on 29th August, 1965. The executor earlier filed an application for grant of probate being probate case no. 74 of 1969. The said probate case was allowed by the learned District Delegate, Serampore on 27th June, 1970. One Surendra Nath Ghosh (predecessor in interest of the original respondent no. 1(A), 1(B)and 1(C) along with others filed a suit being revocation case no. 6 of 1972 praying for revocation of the probate granted earlier. The learned Additional District Judge, 2nd Court, Hooghly on consideration of the fact that the applicants in the revocation case ought to have been cited as they would have succeeded we