JUDGMENT

Richard Couch, J. - The principal question in this appeal is, whether probate of the will of Modhu Sudan Kundu, who died on the 9th October 1892, ought to be granted. The appellant was the applicant for the probate, and in his petition for it, presented to the District Judge on the 20th January 1893, he stated that he was the adopted son of Modhu Sudan and one of the executors, mentioned in the will. He also stated that another will had been executed by Modhu Sudan on the 4th October 1892, which was revoked by the later will and was filed in Court. The application was opposed by Nistarini Dasi, the widow of Modhu Sudan, in a petition put in on the 31st January 1893, in, which she denied the genuineness of the second will, refused to admit the first will, and also asserted that Shama Charan the appellant, was not the adopted son of the deceased. On the 23rd February, Nistarini presented a petition withdrawing her objections. Thereupon, on the 27th February 1893, the respondent, who is one of the daughters of the deceased, filed a petition of objection denying the genuineness of the will, asserting that Shama Charn was not the adopted son, and that the withdrawal by Nistarini