Kristo Gopal Nath vs Baidya Nath Khan And Ors. on 19 January, 1938
This was
reiterated by the Calcutta High Court in the case
of Kristo Gopal Nath v. Baidya Nath Khan. It said
that when a court is dealing with a testamentary
case where there is a large and consistent body of
testimony evidencing the signing and attestation of
the Will, but where it is suggested that there are
circumstances which raise a suspicion and make it
impossible that the Will could have been executed,
the correct line of approach is to see that the
improbability in order to prevail against such
evidence must be clear and cogent and must
approach very nearly to, if it does not altogether
25
constitute, an impossibility. There is no such
improbability about the Will in the present case."